The City Record the Council —Stated Meeting of Wednesday, May 12, 2010

SUPPLEMENT TO THE CITY RECORD THE COUNCIL —STATED MEETING OF WEDNESDAY, MAY 12, 2010

flowers blossoming, walks in our parks, THE COUNCIL rejuvenation of spirits, mind and body. Not the out of season cold temperatures we are now experiencing. Minutes of the Yet, just as we are confident STATED MEETING warm and beautiful days are soon to come, of we are confident with the blessings of life, Wednesday, May 12, 2010, 2:32 p.m. the dedication and devotion under the leadership of the Speaker, Christine Quinn The President Pro Tempore (Council Member Rivera) and the distinguished members Acting Presiding Officer of this New York City Council, there will be warmth and sunshine Council Members in the days and months ahead for our city. We are truly fortunate to have City Council members Christine C. Quinn, Speaker representing many wonderful and diverse, multi-cultural, multi1-ethnic, religious, Maria del Carmen Arroyo Vincent J. Gentile James S. Oddo spiritual and linguistic communities, Charles Barron David G. Greenfield Annabel Palma making New York an exceptional city. Gale A. Brewer Daniel J. Halloran III Domenic M. Recchia, Jr. We are approaching the Jewish holiday of Shavuot, that celebrates the receiving of the Torah, Fernando Cabrera Vincent M. Ignizio Diana Reyna giving much knowledge and the first roots of spring, Margaret S. Chin Robert Jackson Joel Rivera brought to the Temple many years ago. Leroy G. Comrie, Jr. Letitia James Ydanis A. Rodriguez May all the members of the New York City Council Elizabeth S. Crowley Peter A. Koo Deborah L. Rose be filled with the blessings of goodness, Inez E. Dickens G. Oliver Koppell James Sanders, Jr. that their devotion and efforts will also bear Erik Martin Dilan Karen Koslowitz Larry B. Seabrook the fruit of goodwill, wisdom, ethical guidance, and sense of purposes, instilling unity and friendship Daniel Dromm Bradford S. Lander Eric A. Ulrich to those who reside, work, play and visit New York, Mathieu Eugene Jessica S. Lappin James Vacca one of the greatest cities in the world. Julissa Ferreras Stephen T. Levin Peter F. Vallone, Jr. May the Holy One keep us safe. Lewis A. Fidler Melissa Mark-Viverito Albert Vann Blessings to all who are present today, Helen D. Foster Darlene Mealy James G. Van Bramer and may there be peace throughout the world. Daniel R. Garodnick Rosie Mendez Mark S. Weprin Let us all say, amen. James F. Gennaro Michael C. Nelson Jumaane D. Williams

Council Member Chin moved to spread the Invocation in full upon the Record.

Excused: Council Members Gonzalez and White.

At this point, the Speaker (Council Member Quinn) asked for a Moment of Silence in memory of the following individuals: Abelardo Nazario Virgos and Lena The Majority Leader (Council Member Rivera) assumed the Chair as the Horne. President Pro Tempore and Acting Presiding Officer. Abelardo Nazario Virgos, 84, father of Council Member Sara Gonzalez, passed After being informed by the City Clerk and Clerk of the Council (Mr. away on May 4, 2010 after a long illness. Mr. Virgos was born and raised in Puerto McSweeney), the presence of a quorum was announced by the President Pro Rico, enlisted and honorably served in the Pacific during World War II, joined the Tempore (Council Member Rivera). Merchant Marine and later became a chemical engineer at Union Carbide. Following an explosion at work, he jumped into a tank to save a life – this incident led to a There were 49 Council Members present at this Stated Meeting. stroke which he valiantly and courageously fought until his death. He is survived by his wife, two daughters, a brother and a sister, four grandchildren and four great

grandchildren.

INVOCATION Lena Horne, 92, one of the world’s greatest entertainers, passed away in Manhattan on May 9, 2010. Ms. Horne first rose to fame as a movie performer in The Invocation as delivered by Rabbi Leonard Blank, Director of Pastoral the 1940’s, became a nightclub and recording star in the 1950’s, and made a Services, Bialystoker Center for Nursing and Rehabilitation, 228 East Broadway, triumphant return to Broadway in 1981 with her one-woman Broadway show. New York, NY 10002. When first signed by MGM, the NAACP celebrated her movie contract as a weapon in its war to obtain better movie roles for black performers. Ms. Horne, always outspoken on the subject of civil rights, became even more active in the 1960’s through her participation in many protests and marches. In a message of Springtime weather, condolence, President Barack Obama said that Lena Horne, “worked tirelessly to CC2 COUNCIL MINUTES — STATED MEETING May 12, 2010

further the cause of justice and equality.” She is survived by her daughter, six Communication from the Mayor - Submitting the Capital Commitment Plan, grandchildren and three great grandchildren. At this point, the Speaker (Council Executive Budget, Fiscal Year 2011, Volumes I, II and III, pursuant to Member Quinn) yielded the floor to the Majority Whip (Council Member Vann) Section 219(d) of the New York City Charter. who spoke in praise of the late Lena Horne. (For text, please refer to the City Hall Library at 31 Chambers Street, Suite 112, New York, N.Y. 10007).

MESSAGES & PAPERS FROM THE MAYOR Referred to the Committee on Finance.

M-90 Communication from the Mayor - Submitting certificate setting forth the M-96 maximum amount of debt and reserves which the City, and the NYC Communication from the Mayor - Submitting the Executive Budget - Municipal Water Finance Authority, may soundly incur for capital projects Geographic Reports for Expense Budget for Fiscal Year 2011. for Fiscal Year 2011 and the ensuing three fiscal years, and the maximum amount of appropriations and expenditures for capital projects which may (For text, please refer to the City Hall Library at 31 Chambers Street, Suite soundly be made during each fiscal year, pursuant to Section 250 (16) of 112, New York, N.Y. 10007). the NY City Charter.

Referred to the Committee on Finance. (For text, please refer to the City Hall Library at 31 Chambers Street, Suite

112, New York, N.Y. 10007).

Received, Ordered, Printed and Filed. M-97

Communication from the Mayor - Submitting the Executive Capital Budget

Fiscal Year 2011, Capital Project Detail Data, Citywide Volumes 1 and 2 M-91 and Volumes for the Five Boroughs, dated May 6, 2010 pursuant to the Communication from the Mayor - Submitting the Expense Revenue Contract provisions of Sections 213 (4) & 219 (D) of the New York City Charter. Budget, for Fiscal Year 2011, pursuant to Section 249 of the New York City Charter. (For text, please refer to the City Hall Library at 31 Chambers Street, Suite 112, New York, N.Y. 10007). (For text, please refer to the City Hall Library at 31 Chambers Street, Suite 112, New York, N.Y. 10007). Referred to the Committee on Finance.

Referred to the Committee on Finance.

M-98

Communication from the Mayor - Submitting the Budget Summary, Message M-92 of the Mayor and Summary of Reduction Program relative to the Executive Communication from the Mayor - Submitting the Executive Capital Budget for Budget, Fiscal Year 2011, pursuant to Section 249 of the New York City Fiscal Year 2011, pursuant to Section 249 of the New York City Charter. Charter.

(For text, please refer to the City Hall Library at 31 Chambers Street, Suite (For text, please refer to the City Hall Library at 31 Chambers Street, Suite 112, New York, N.Y. 10007). 112, New York, N.Y. 10007). Referred to the Committee on Finance. Referred to the Committee on Finance.

LAND USE CALL UPS M-93 Communication from the Mayor - Submitting the Proposed City Fiscal Year 2011 Community Development Program, the Proposed CFY'11 Budget, the M-99 Proposed Reallocations-the CD XXXVI Funds, Proposed CD XXXVII Statement of Objectives and Budget, dated May 6, 2010. By The Speaker (Council Member Quinn):

(For text, please refer to the City Hall Library at 31 Chambers Street, Suite Pursuant to Rule 11.20(b) of the Council and Section 20-226(g) of the New York 112, New York, N.Y. 10007). City Administrative Code, the Council resolves that the action of the Department of Consumer Affairs approving an unenclosed sidewalk café located at 300 West 46th Street, Community Board 4, Application 20105458 Referred to the Committee on Finance. TCM shall be subject to review by the Council.

Coupled on Call – Up Vote M-94 Communication from the Mayor - Submitting the Executive Budget Supporting Schedules, for Fiscal Year 2011, pursuant to Section 250 of the New York

City Charter.

(For text, please refer to the City Hall Library at 31 Chambers Street, Suite M-100 112, New York, N.Y. 10007). By Council Member Reyna:

Referred to the Committee on Finance. Pursuant to Rule 11.20(b) of the Council and Section 20-226(g) of the New York City Administrative Code, the Council resolves that the action of the Department of Consumer Affairs approving an unenclosed sidewalk café

located at 372 Graham Avenue, Community Board 1, Application 20105445 TCK shall be subject to review by the Council. M-95

Coupled on Call – Up Vote COUNCIL MINUTES — STATED MEETING May 12, 2010 CC3

CC4 COUNCIL MINUTES — STATED MEETING May 12, 2010

for elderly persons of low income. The sponsor, Lafayette Manor Housing Development Fund Company, will develop the project under the Section 202 Supportive Housing Program For The Elderly with financing and operating LAND USE CALL UP VOTE subsidies from the United States Department of Housing and Urban Development (“HUD”) and a tax exemption from the City. In order to keep the project financially viable and provide affordable housing, HPD is requesting a tax exemption pursuant The President Pro Tempore (Council Member Rivera) put the question whether to Section 422 of the Private Housing Finance Law. The value of the tax exemption the Council would agree with and adopt such motions which were decided in the is projected at $371,000 in the first year of the exemption and $24.9 million over the affirmative by the following vote: 40-year length of the exemption.

The Council Towers VI Senior Housing Residence will be a new construction project consisting of a 8-story building that will provide 77 units of rental housing for elderly persons of low income. The sponsor, Council Towers VI Development Affirmative –Arroyo, Barron, Brewer, Cabrera, Chin, Comrie, Crowley, Fund Corporation, will develop the project under the Section 202 Supportive Dickens, Dilan, Dromm, Eugene, Ferreras, Fidler, Foster, Garodnick, Gennaro, Housing Program For The Elderly with financing and operating subsidies from the Gentile, Greenfield, Halloran, Ignizio, Jackson, James, Koo, Koppell, Koslowitz, United States Department of Housing and Urban Development (“HUD”) and a tax Lander, Lappin, Levin, Mark-Viverito, Mealy, Mendez, Nelson, Palma, Recchia, exemption from the City. In order to keep the project financially viable and provide Reyna, Rodriguez, Rose, Sanders, Seabrook, Ulrich, Vacca, Vallone Jr., Van affordable housing, HPD is requesting a tax exemption pursuant to Section 422 of Bramer, Vann, Weprin, Williams, Oddo, Rivera and the Speaker (Council Member the Private Housing Finance Law. The value of the tax exemption is projected at Quinn) – 49. $463,000 in the first year of the exemption and $30.8 million over the 40-year length of the exemption.

The Asian Americans for Equality (AAFE) will acquire and rehabilitate 90 units At this point, the President Pro Tempore (Council Member Rivera) declared the of rental housing for low income families at the following properties in lower aforementioned items adopted and referred these items to the Committee on Land Manhattan: 58-62 Hester Street, 112-114 Eldridge Street, and 28-30 Henry Street. Use and to the appropriate Land Use subcommittees. AAFE will finance the rehabilitation with loans provided by HPD’s Chinatown/Lower East Side Acquisition Program as well as private financing. In

order to keep the project financially viable and provide affordable housing, HPD is requesting three separate tax exemptions for all three properties pursuant to Section 577 of the Private Housing Finance Law. The value of all three tax exemptions is projected to be $297,000 in the first year of the exemption and $14.1 million over REPORTS OF THE STANDING COMMITTEES the 30-year length of the exemption.

Navy Green will be a mixed use development that will a total of 458 residential units and 11,965 square feet of commercial and community facility space.

Specifically, the projects calls for the development of an 8-story building with Reports of the Committee on Finance approximately 98 supportive housing units, an 8-story multifamily rental building consisting of 101 units, two 12-story multifamily rental buildings consisting of 213 units, and 23 one-to three-family homes. In order to keep the project financially viable and provide affordable housing, HPD is requesting a tax exemption pursuant At this point the Speaker (Council Member Quinn) announced that the to Section 696 of the General Municipal Law. The value of the tax exemption is following items had been preconsidered by the Committee on Finance and had been projected at $1.7 million in the first year of the exemption and $34.9 million over the favorably reported for adoption. 20-year length of the exemption.

This item has the approval of Council Members Chin, Gennaro, James and Report for L.U. No. 91 Rose. Report of the Committee on Finance in favor of approving Lafayette Manor, 226 Fillmore Street, Staten Island, Council District No. 49, Section 422 of the Real Property Tax Law. Accordingly, this Committee recommends the adoption of LU Nos. 91, 92, 93, 94, 95, and 96 with their respective coupled resolutions (please see the Reports for LU Nos. 92, 93, 94, 95 and 96 for their respective resolutions printed in these The Committee on Finance, to which the annexed Land Use resolution was Minutes; for the coupled resolution of LU No. 91, please see immediately below) referred on May 12, 2010, respectfully

REPORTS: In connection herewith, Council Member Recchia offered the following resolution: (The following is the text of the Memo to the Finance Committee from the Finance Division of the New York City Council:) Res. No. 227 Resolution to amend Res. No. 1598 which approved a partial exemption from May 12, 2010 real property taxes for property located at 226 Fillmore Street, (Block 71, Lot 117), Staten Island, pursuant to Section 422 of the Real Property Tax TO: Hon. Domenic M. Recchia Law (Preconsidered L.U. No. 91).

Chair, Finance Committee By Council Member Recchia.

Members of the Finance Committee WHEREAS, the New York City Department of Housing Preservation and

Development ("HPD") submitted to the Council its request dated August 15, 2008 FROM: Anthony Brito, Finance Division that the Council take the following action regarding a housing project to be located at 226 Fillmore Street, (Block 71, Lot 117), Staten Island (“Exemption Area ”): RE: Finance Committee Agenda of May 12, 2010-Resolution approving tax exemptions for six preconsidered Land Use Items (Council District’s 1, 24, 35, 49). WHEREAS, On September 4, 2008, the New York City Council adopted HPD has submitted a request to the Council to approve six property tax Res. No. 1598 for 2008 approving the partial exemption of a housing project to be exemptions for the following properties: Lafayette Manor located at 226 Fillmore located at 226 Fillmore Street, (Block 71, Lot 117), Staten Island, pursuant to st Street in Council Member Rose’s District, Council Towers VI located at 71 Street Section 422 of the Real Property Tax Law; between Kissena and Parsons Boulevards in Council Member Gennaro’s District, 58-62 Hester Street, 112-114 Eldridge Street, 28-30 Henry Street located in Council Member Chin’s district, and Navy Green located in Council Member James District. WHEREAS, HPD is requesting that the Original Exemption be amended to provide for a lower minimum initial per year tax obligation than previously approved (“Amended Exemption”). The Original Project and the Original The Lafayette Manor Senior Housing Residence will be a new construction Exemption would otherwise be unchanged. project consisting of a 5-story building that will provide 59 units of rental housing COUNCIL MINUTES — STATED MEETING May 12, 2010 CC5

RESOLVED: (For text of report, please see the Report of the Committee on Finance for LU No. 91) The Project shall be developed upon the terms and conditions set forth in the Project Summary that HPD has submitted to the Council, a copy of Accordingly, this Committee recommends its adoption. which is attached hereto.

The Council hereby grants an exemption from real property taxes as In connection herewith, Council Member Recchia offered the following follows: resolution:

a. All of the value of the property included in the housing project, including both Disposition Area and improvements, shall be exempt from real property taxes, other than assessments for local Res. No. 228 improvements, from the date of conveyance of the land to the Sponsor Resolution approving an exemption from real property taxes for property until the date of issuance of the temporary or permanent Certificate of located at 136-50 Flushing Avenue (Block 2033, Lot 1), Brooklyn, pursuant Occupancy for the housing project. to Section 696 of the General Municipal Law (Preconsidered L.U. No.92).

b. All of the value of the property included in the housing project By Council Member Recchia. (excluding those portions, if any, devoted to business or commercial use), shall be exempt from real property taxes, other than assessments WHEREAS, the New York City Department of Housing Preservation and for local improvements, commencing upon the date of issuance of the Development ("HPD") submitted to the Council its request dated August 17, 2009 temporary or permanent Certificate of Occupancy for the housing that the Council take the following action regarding property located at 136-50 project (or, if the housing project is constructed in stages, upon the Flushing Avenue (Block 2033, Lot 1), Brooklyn (the "Project"): date of issuance of the temporary or permanent Certificate of Occupancy for each such stage) ("Effective Date") and terminating Approve an exemption of the Project from real property taxes pursuant to upon the earlier to occur of (i) the date the HUD mortgage is satisfied, Section 696 of the General Municipal Law (the "Tax Exemption"); or (ii) a date which is forty (40) years from the Effective Date ("Expiration Date"); provided, however, that the Sponsor shall make an annual real estate tax payment commencing upon the Effective WHEREAS, the Council held a hearing on the Project on May 12, 2010; Date and terminating upon the Expiration Date. WHEREAS, the Council has considered the financial implications relating to c. Commencing upon the Effective Date and during each year thereafter the Tax Exemption; until the Expiration Date, the Sponsor shall make real estate tax payments in the sum of (i) $41,936, which is ten percent (10%) of the RESOLVED: annual shelter rent for the housing project, as determined by HPD in

accordance with the formula agreed upon with HUD, plus (ii) an additional amount equal to twenty-five percent (25%) of the amount The Council hereby approves, pursuant to Section 696 of the General Municipal by which the total contract rents applicable to the housing project for Law, a tax exemption for the Project as follows: that year (as adjusted and established pursuant to Section 8 of the United States Housing Act of 1937, as amended) exceed the total 1. Find that the present status of the Disposition Area tends to impair or arrest the contract rents which are authorized as of the Effective Date. sound growth and development of the municipality and that the proposed Notwithstanding the foregoing, the total annual real estate tax Urban Development Action Area Project is consistent with the policy and payment by the Sponsor shall not at any time exceed the lesser of purposes of Section 691 of the General Municipal Law; either (i) seventeen percent (17%) of the contract rents, or (ii) the amount of real estate taxes that would otherwise be due in the absence 2. Approve the designation of the Disposition Area as an Urban Development of any form of tax exemption or abatement provided by any existing or future local, state, or federal law, rule or regulation. Action Area pursuant to Section 693 of the General Municipal Law;

d. In consideration of such tax exemption, the Sponsor, for so long as the 3. Approve the project as an Urban Development Action Area Project pursuant to partial tax exemption provided hereunder shall remain in effect, shall Section 694 of the General Municipal Law; and waive the benefits, if any, of additional or concurrent real property tax abatement and/or tax exemption which may be authorized under any 4. Approve the exemption of the portion of the project within the Exemption existing or future local, state, or federal law, rule or regulation. Area from real property taxes pursuant to Section 696 of the General Municipal Law as follows:

DOMENIC M. RECCHIA, JR., Chairperson; JOEL RIVERA, GALE A. a. All of the value of the buildings, structures, and other improvements situated BREWER, LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, G. on the Exemption Area shall be exempt from local and municipal taxes, OLIVER KOPPELL, ALBERT VANN, JULISSA FERRERAS, FERNANDO other than assessments for local improvements and land value, for a CABRERA, KAREN KOSLOWITZ, JAMES G. VAN BRAMER, VINCENT M. period of twenty years commencing on the July 1st following the date of IGNIZIO, JAMES S. ODDO, Committee on Finance, May 12, 2010. issuance of the first temporary or permanent Certificate of Occupancy for a building located on the Exemption Area to the Sponsor, during the last ten years of which such exemption shall decrease in equal annual On motion of the Speaker (Council Member Quinn), and adopted, the foregoing decrements. matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY). b. The partial tax exemption granted hereunder shall terminate with respect to all or any portion of the Exemption Area if the Department of Housing Preservation and Development determines that such real At this point the Speaker (Council Member Quinn) announced that the property has not been, or is not being, developed, used, and/or operated following items had been preconsidered by the Committee on Finance and had been in compliance with the requirements of all applicable agreements made favorably reported for adoption. by the Sponsor or the owner of such real property with, or for the benefit of, the City of New York. The Department of Housing Preservation and Development shall deliver written notice of any such determination of noncompliance to the owner of such real property and all mortgagees of record, which notice shall provide for an opportunity to cure of not less Report for L.U. No. 92 than ninety (90) days. If the noncompliance specified in such notice is Report of the Committee on Finance in favor of approving Navy Green, 136-50 not cured within the time period specified therein, the partial tax Flushing Avenue, Brooklyn, Council District No. 35, 696 of the General exemption granted hereunder shall prospectively terminate with respect Municipal Laws. to the real property specified therein.

The Committee on Finance, to which the annexed Land Use resolution was referred on May 12, 2010, respectfully

REPORTS: CC6 COUNCIL MINUTES — STATED MEETING May 12, 2010

(b) “Exemption” shall mean the exemption from real property taxation DOMENIC M. RECCHIA, JR., Chairperson; JOEL RIVERA, GALE A. provided hereunder. BREWER, LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, G. OLIVER KOPPELL, ALBERT VANN, JULISSA FERRERAS, FERNANDO (c) “Exemption Area” shall mean the real property located in the CABRERA, KAREN KOSLOWITZ, JAMES G. VAN BRAMER, VINCENT M. Borough of Manhattan, City and State of New York, identified as IGNIZIO, JAMES S. ODDO, Committee on Finance, May 12, 2010. Block 413, Lot 4 on the Tax Map of the City of New York.

On motion of the Speaker (Council Member Quinn), and adopted, the foregoing (d) “Expiration Date” shall mean the earlier to occur of (i) a date matter was coupled as a General Order for the day (see ROLL CALL ON which is thirty (30) years from the Effective Date, (ii) the date of GENERAL ORDERS FOR THE DAY). the expiration or termination of the Regulatory Agreement, or (iii) the date upon which the Exemption Area ceases to be owned by either a housing development fund company or an entity wholly At this point the Speaker (Council Member Quinn) announced that the controlled by a housing development fund company. following items had been preconsidered by the Committee on Finance and had been favorably reported for adoption. (e) “HDFC” shall mean Chinatown Preservation Housing Development Fund Company, Inc.

Report for L.U. No. 93 (f) “HPD” shall mean the Department of Housing Preservation and Report of the Committee on Finance in favor of approving 112-114 Eldridge Development of the City of New York. Street, Block 413, Lot 4, Manhattan, Council District No. 1, Section 577 of the Private Housing Finance Law. (g) “Regulatory Agreement” shall mean the regulatory agreement, dated August 2, 2007, between HPD and the HDFC, which The Committee on Finance, to which the annexed Land Use resolution was provides that, for a term of 30 years, all dwelling units in the referred on May 12, 2010, respectfully Exemption Area must, upon vacancy, be rented to families whose incomes do not exceed 80% of area median income.

REPORTS: 2. All of the value of the property in the Exemption Area, including both the (For text of report, please see the Report of the Committee on Finance for land and any improvements (excluding those portions, if any devoted to LU No. 91) business or commercial use) shall be exempt from real property taxation, other than assessments for local improvements, for a period commencing Accordingly, this Committee recommends its adoption. upon the Effective Date and terminating upon Expiration Date.

3. Notwithstanding any provision hereof to the contrary: In connection herewith, Council Member Recchia offered the following resolution: a. The Exemption shall terminate if HPD determines at any time that (i) the Exemption Area is not being operated in accordance with the requirements of Article XI of the Private Housing Finance Law, (ii) the Exemption Area is not being operated in accordance with the Res. No. 229 requirements of the Regulatory Agreement, (iii) the Exemption Area is Resolution approving an exemption from real property taxes for property not being operated in accordance with the requirements of any other located at 112-114 Eldridge Street (Block 413, Lot 4) Manhattan, pursuant agreement with, or for the benefit of, the City of New York, or (iv) the to Section 577 of the Private Housing Finance Law (Preconsidered L.U. No. demolition of any private or multiple dwelling on the Exemption Area 93). has commenced without the prior written consent of HPD. HPD shall deliver written notice of any such determination to the HDFC and all By Council Member Recchia. mortgagees of record, which notice shall provide for an opportunity to cure of not less than sixty (60) days. If the noncompliance specified in WHEREAS, the New York City Department of Housing Preservation and such notice is not cured within the time period specified therein, the Development ("HPD") submitted to the Council its request dated April 12, 2010 Exemption shall prospectively terminate. that the Council take the following action regarding a housing project to be located at 112-114 Eldridge Street (Block 413, Lot 4) Manhattan (“Exemption Area”): b. The Exemption shall not apply to any building constructed on the Exemption Area which did not have a permanent certificate of Approve an exemption of the Project from real property taxes pursuant occupancy or an equivalent document satisfactory to HPD recording to Section 577 of the Private Housing Finance Law (the "Tax Exemption"); the occupancy and configuration of the building on the Effective Date.

WHEREAS, the Council held a hearing on the Project on May 12, 2010; 4. In consideration of the Exemption, the HDFC, for so long as the Exemption

shall remain in effect, shall waive the benefits of any additional or concurrent exemption from or abatement of real property taxation which WHEREAS, the Council has considered the financial implications relating to may be authorized under any existing or future local, state, or federal law, the Tax Exemption; rule, or regulation.

RESOLVED: DOMENIC M. RECCHIA, JR., Chairperson; JOEL RIVERA, GALE A. The Project shall be developed upon the terms and conditions set forth in the BREWER, LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, G. Project Summary that HPD has submitted to the Council, a copy of which is attached OLIVER KOPPELL, ALBERT VANN, JULISSA FERRERAS, FERNANDO hereto. CABRERA, KAREN KOSLOWITZ, JAMES G. VAN BRAMER, VINCENT M. IGNIZIO, JAMES S. ODDO, Committee on Finance, May 12, 2010. The Council hereby grants an exemption from real property taxes as follows: On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON 1. For the purposes hereof, the following terms shall have the following GENERAL ORDERS FOR THE DAY). meanings:

(a) “Effective Date” shall mean the later of (i) the date of conveyance of the Exemption Area to the HDFC, and (ii) the date that HPD and the HDFC enter into the Regulatory Agreement. At this point the Speaker (Council Member Quinn) announced that the following items had been preconsidered by the Committee on Finance and had been favorably reported for adoption. COUNCIL MINUTES — STATED MEETING May 12, 2010 CC7

(e) “HDFC” shall mean Chinatown Preservation Housing Development Fund Company, Inc. Report for L.U. No. 94 Report of the Committee on Finance in favor of approving 28-30 Henry Street, (f) “HPD” shall mean the Department of Housing Preservation and Block 277, Lots 43 and 44, Manhattan, Council District No. 1, Section 577 Development of the City of New York. of the Private Housing Finance Law. (g) “Regulatory Agreement” shall mean the regulatory agreement, The Committee on Finance, to which the annexed Land Use resolution was dated February 7, 2007, between HPD and the HDFC, which referred on May 12, 2010, respectfully provides that, for a term of 30 years, all dwelling units in the Exemption Area must, upon vacancy, be rented to families whose incomes do not exceed 80% of area median income. REPORTS:

(For text of report, please see the Report of the Committee on Finance for 2. All of the value of the property in the Exemption Area, including both the LU No. 91) land and any improvements (excluding those portions, if any devoted to business or commercial use) shall be exempt from real property taxation, Accordingly, this Committee recommends its adoption. other than assessments for local improvements, for a period commencing upon the Effective Date and terminating upon Expiration Date.

In connection herewith, Council Member Recchia offered the following 3. Notwithstanding any provision hereof to the contrary: resolution: a. The Exemption shall terminate if HPD determines at any time that (i) the Exemption Area is not being operated in accordance with the Res. No. 230 requirements of Article XI of the Private Housing Finance Law, (ii) the Exemption Area is not being operated in accordance with the Resolution approving an exemption from real property taxes for property requirements of the Regulatory Agreement, (iii) the Exemption Area is located at 28-30 Henry Street (Block 277, Lots 43 and 44) Manhattan, not being operated in accordance with the requirements of any other pursuant to Section 577 of the Private Housing Finance Law agreement with, or for the benefit of, the City of New York, or (iv) the (Preconsidered L.U. No. 94). demolition of any private or multiple dwelling on the Exemption Area has commenced without the prior written consent of HPD. HPD shall By Council Member Recchia. deliver written notice of any such determination to the HDFC and all mortgagees of record, which notice shall provide for an opportunity to WHEREAS, the New York City Department of Housing Preservation and cure of not less than sixty (60) days. If the noncompliance specified in Development ("HPD") submitted to the Council its request dated April 12, 2010 that such notice is not cured within the time period specified therein, the the Council take the following action regarding a housing project to be located at 28- Exemption shall prospectively terminate. 30 Henry Street (Block 277, Lots 43 and 44) Manhattan (“Exemption Area”): b. The Exemption shall not apply to any building constructed on the Approve an exemption of the Project from real property taxes pursuant Exemption Area which did not have a permanent certificate of to Section 577 of the Private Housing Finance Law (the "Tax Exemption"); occupancy or an equivalent document satisfactory to HPD recording the occupancy and configuration of the building on the Effective Date.

WHEREAS, the Council held a hearing on the Project on May 12, 2010; 4. In consideration of the Exemption, the HDFC, for so long as the Exemption

RESOLVED:

The Project shall be developed upon the terms and conditions set forth in the DOMENIC M. RECCHIA, JR., Chairperson; JOEL RIVERA, GALE A. Project Summary that HPD has submitted to the Council, a copy of which is attached BREWER, LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, G. hereto. OLIVER KOPPELL, ALBERT VANN, JULISSA FERRERAS, FERNANDO CABRERA, KAREN KOSLOWITZ, JAMES G. VAN BRAMER, VINCENT M. The Council hereby grants an exemption from real property taxes as follows: IGNIZIO, JAMES S. ODDO, Committee on Finance, May 12, 2010.

1. For the purposes hereof, the following terms shall have the following On motion of the Speaker (Council Member Quinn), and adopted, the foregoing meanings: matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY).

(a) “Effective Date” shall mean the later of (i) the date of conveyance of the Exemption Area to the HDFC, and (ii) the date that HPD and the HDFC enter into the Regulatory Agreement. At this point the Speaker (Council Member Quinn) announced that the (b) “Exemption” shall mean the exemption from real property taxation following items had been preconsidered by the Committee on Finance and had been provided hereunder. favorably reported for adoption.

(c) “Exemption Area” shall mean the real property located in the Borough of Manhattan, City and State of New York, identified as Block 277, Lots 43 and 44 on the Tax Map of the City of New Report for L.U. No. 95 York. Report of the Committee on Finance in favor of approving 58-62 Hester Street, Block 298, Lot 15, Council District No. 1, Section 577 of the Private (d) “Expiration Date” shall mean the earlier to occur of (i) a date Housing Finance Law. which is thirty (30) years from the Effective Date, (ii) the date of the expiration or termination of the Regulatory Agreement, or (iii) The Committee on Finance, to which the annexed Land Use resolution was the date upon which the Exemption Area ceases to be owned by referred on May 12, 2010, respectfully either a housing development fund company or an entity wholly controlled by a housing development fund company. REPORTS: CC8 COUNCIL MINUTES — STATED MEETING May 12, 2010

the Exemption Area is not being operated in accordance with the requirements of Article XI of the Private Housing Finance Law, (ii) the Res. No. 231 Exemption Area is not being operated in accordance with the Resolution approving an exemption from real property taxes for property requirements of the Regulatory Agreement, (iii) the Exemption Area is located at 58-62 Hester Street (Block 298, Lot 15) Manhattan, pursuant to not being operated in accordance with the requirements of any other Section 577 of the Private Housing Finance Law (Preconsidered L.U. No. agreement with, or for the benefit of, the City of New York, or (iv) the 95). demolition of any private or multiple dwelling on the Exemption Area has commenced without the prior written consent of HPD. HPD shall By Council Member Recchia. deliver written notice of any such determination to the HDFC and all mortgagees of record, which notice shall provide for an opportunity to cure of not less than sixty (60) days. If the noncompliance specified in WHEREAS, the New York City Department of Housing Preservation and such notice is not cured within the time period specified therein, the Development ("HPD") submitted to the Council its request dated April 12, 2010 Exemption shall prospectively terminate. that the Council take the following action regarding a housing project to be located at 58-62 Hester Street (Block 298, Lot 15) Manhattan (“Exemption Area”): b. The Exemption shall not apply to any building constructed on the Exemption Area which did not have a permanent certificate of Approve an exemption of the Project from real property taxes pursuant occupancy or an equivalent document satisfactory to HPD recording to Section 577 of the Private Housing Finance Law (the "Tax Exemption"); the occupancy and configuration of the building on the Effective Date.

WHEREAS, the project description that HPD provided to the Council states that the purchaser of the Project (the "Sponsor") is a duly organized housing c. Nothing herein shall entitle the HDFC to a refund of any real property development fund company under Article XI of the Private Housing Finance Law; taxes which accrued and were paid by or on behalf of the HDFC or any other owner of the Exemption Area prior to April 1, 2010. WHEREAS, the Council held a hearing on the Project on May 12, 2010; 4. In consideration of the Exemption, the HDFC, for so long as the Exemption shall remain in effect, shall waive the benefits of any additional or WHEREAS, the Council has considered the financial implications relating concurrent exemption from or abatement of real property taxation which to the Tax Exemption; may be authorized under any existing or future local, state, or federal law, rule, or regulation.

RESOLVED:

DOMENIC M. RECCHIA, JR., Chairperson; JOEL RIVERA, GALE A. The Project shall be developed upon the terms and conditions set forth in the BREWER, LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, G. Project Summary that HPD has submitted to the Council, a copy of which is attached OLIVER KOPPELL, ALBERT VANN, JULISSA FERRERAS, FERNANDO hereto. CABRERA, KAREN KOSLOWITZ, JAMES G. VAN BRAMER, VINCENT M. IGNIZIO, JAMES S. ODDO, Committee on Finance, May 12, 2010. The Council hereby grants an exemption from real property taxes as follows: On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON 1. For the purposes hereof, the following terms shall have the following GENERAL ORDERS FOR THE DAY). meanings:

(a) “Effective Date” shall mean the later of (i) the date of conveyance of the Exemption Area to the HDFC, and (ii) the date that HPD and the HDFC enter into the Regulatory Agreement.

At this point the Speaker (Council Member Quinn) announced that the (b) “Exemption” shall mean the exemption from real property taxation following items had been preconsidered by the Committee on Finance and had been provided hereunder. favorably reported for adoption. (c) “Exemption Area” shall mean the real property located in the Borough of Manhattan, City and State of New York, identified as Block 298, Lot 15 on the Tax Map of the City of New York. Report for L.U. No. 96 (d) “Expiration Date” shall mean the earlier to occur of (i) a date Report of the Committee on Finance in favor of Council Towers VI Senior which is thirty (30) years from the Effective Date, (ii) the date of Housing, Block 6792 Lot: p/o1, Queens, Council District No. 24, Section 422 the expiration or termination of the Regulatory Agreement, or (iii) of the Real Property Tax Law. the date upon which the Exemption Area ceases to be owned by either a housing development fund company or an entity wholly The Committee on Finance, to which the annexed Land Use resolution was controlled by a housing development fund company. referred on May 12, 2010, respectfully

(e) “HDFC” shall mean Chinatown Preservation Housing REPORTS: Development Fund Company, Inc. (For text of report, please see the Report of the Committee on Finance for LU No. 91) (f) “HPD” shall mean the Department of Housing Preservation and Development of the City of New York. Accordingly, this Committee recommends its adoption.

(g) “Regulatory Agreement” shall mean the regulatory agreement, dated May 18, 2007, between HPD and the HDFC, which provides In connection herewith, Council Member Recchia offered the following that, for a term of 30 years, all dwelling units in the Exemption resolution: Area must, upon vacancy, be rented to families whose incomes do not exceed 80% of area median income.

Res. No. 232 COUNCIL MINUTES — STATED MEETING May 12, 2010 CC9

Resolution approving a partial exemption from real property taxes for property CABRERA, KAREN KOSLOWITZ, JAMES G. VAN BRAMER, VINCENT M. located at 71st Street between Kissena and Parsons Boulevards (Block: IGNIZIO, JAMES S. ODDO, Committee on Finance, May 12, 2010. 6792, Lot: p/o1) Queens, pursuant to Section 422 of the Real Property Tax Law (Preconsidered L.U. No. 96). On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON By Council Member Recchia. GENERAL ORDERS FOR THE DAY). Report of the Committee on Governmental Operations WHEREAS, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council its request dated April 12, 2010 that the Council take the following action regarding a housing project (the “Project”) to be located at 71st Street between Kissena and Parsons Boulevards (Block: 6792, Lot: Report for Int. No. 118-A p/o1) Queens (“Exemption Area ”): Report of the Committee on Governmental Operations in favor of approving and adopting, as amended, a Local Law to amend the New York City charter, in relation to requiring the mayor's office of operations to develop Approve a partial exemption of the Project from real property taxes pursuant to Section 422 of the Real Property Tax Law (the "Tax and disseminate a business owner's bill of rights. Exemption");

WHEREAS, the project description that HPD provided to the Council The Committee on Governmental Operations, to which the annexed amended states that the purchaser of the Project (the "Sponsor") is a duly organized housing proposed local law was referred on March 25, 2010 (Minutes, page 1006), development fund company under Article XI of the Private Housing Finance Law; respectfully

WHEREAS, the Council held a hearing on the Project on May 12, 2010; REPORTS:

WHEREAS, the Council has considered the financial implications relating I. Introduction to the Tax Exemption; The Committee on Governmental Operations will meet on May 11, 2010 to consider Proposed Introduction 118-A (“Proposed Int. 118-A”), a local law to

amend the New York City charter, in relation to requiring the Mayor's Office of RESOLVED: Operations (“Operations”) to develop and disseminate a business owner's bill of rights. The Project shall be developed upon the terms and conditions set forth The Committee previously held a hearing on the present legislation on April in the Project Summary that HPD has submitted to the Council, a copy of 21, 2010. At that hearing, representatives of the administration, industry groups, and which is attached hereto. small business owners testified in support of the legislation and offered suggestions for other measures the City might take to assist small businesses. The Council hereby grants an exemption from real property taxes as follows: II. Background While the legislation under consideration would apply to all businesses that 1. All of the value of the property in the Exemption Area, including both the interact with City enforcement agencies, it would likely be of particular benefit to land and improvements, shall be exempt from real property taxes, other than small businesses. Such small businesses are the backbone of New York City’s 1 assessments for local improvements, from the date of conveyance of the land economy, numbering around 200,000 throughout the five boroughs. Together, these to the Sponsor until the date of issuance of the temporary or permanent businesses account for approximately two-thirds of the New York City’s private Certificate of Occupancy for the housing project; sector jobs.2 For these businesses, the cost of complying with City rules and regulations can serve as a barrier to success. Some small business owners report excessive fines, discourteous inspectors and inconsistent enforcement practices.3 2. All of the value of the property in the Exemption Area, including both the Others insist that unreasonable enforcement standards make doing business in New land and improvements, (excluding those portions, if any, devoted to 4 business or commercial use), shall be exempt from real property taxes, other York City unnecessarily burdensome. than assessments for local improvements, commencing upon the date of issuance of the temporary or permanent Certificate of Occupancy for the III. A Business Owner’s “Bill Of Rights” housing project (or, if the housing project is constructed in stages, upon the The business owner’s bill of rights is largely the product of discussions of date of issuance of the temporary or permanent Certificate of Occupancy for the Panel on Regulatory Review (“Panel”). The sponsor of the present legislation, each such stage) ("Effective Date") and terminating upon the earlier to occur Council Member Koslowitz, is a member of the Panel and serves as Chair of the of (i) the date the HUD mortgage is satisfied, or (ii) a date which is forty (40) Committee on Consumer Affairs. The Panel, which consists of Council Members years from the Effective Date ("Expiration Date"); provided, however, that and certain executive agency heads, was created by Local Law 45 of 2009, the Sponsor shall make an annual real estate tax payment commencing upon sponsored by Council Member James Oddo, and is a result of the Council’s and the Effective Date and terminating upon the Expiration Date; Mayor’s commitment to assisting small businesses with respect to regulatory burdens. During the Panel’s extensive outreach phase, many small businesses from each of the five boroughs expressed concerns regarding the City’s enforcement of 3. Commencing upon the Effective Date and during each year thereafter until rules and regulations. Specifically, businesses reported: (i) discourteous inspectors; the Expiration Date, the Sponsor shall make real estate tax payments in the (ii) lack of a mechanism to provide feedback on inspectors and the inspection sum of (i) $56,988, which is ten percent (10%) of the annual shelter rent for process; (iii) inconsistent enforcement of rules and regulations; (iv) lack of an the housing project, as determined by HPD in accordance with the formula opportunity to ask questions regarding inspections or relevant rules and regulations; agreed upon with HUD, plus (ii) an additional amount equal to twenty-five (v) lack of information regarding their right to contest notices of violation issued percent (25%) of the amount by which the total contract rents applicable to during inspections; and (vi) insufficient communications from the City regarding the housing project for that year (as adjusted and established pursuant to applicable rules and regulations and changes in relevant rules and regulations. Section 8 of the United States Housing Act of 1937, as amended) exceed the Additionally, press reports have highlighted problems with the City’s total contract rents which are authorized as of the Effective Date. inspection process. The New York Times, for example, recently described a growing Notwithstanding the foregoing, the total annual real estate tax payment by the industry of unofficial, unregulated inspection consultants who are often hired by Sponsor shall not at any time exceed the lesser of either (i) seventeen percent business owners to advise them on measures that can be taken in advance of (17%) of the contract rents, or (ii) the amount of real estate taxes that would inspections to, purportedly, reduce or eliminate the issuance of notices of violation.5 otherwise be due in the absence of any form of tax exemption or abatement provided by any existing or future local, state, or federal law, rule or Business owners quoted in the article described unreasonable City inspectors, regulation; and inconsistent inspections and rules that are difficult to interpret. The Panel heard similar complaints in its meetings with business groups and business owners. In order to address these issues and ensure that the rights of business 4. In consideration of such tax exemption, the Sponsor, for so long as the partial owners are better protected, Council Member Koslowitz proposed the present tax exemption provided hereunder shall remain in effect, shall waive the legislation—a bill that would direct Operations to produce a document addressing benefits, if any, of additional or concurrent real property tax abatement and/or tax exemption which may be authorized under any existing or future local, for the Lower Ma state, or federal law, rule or regulation. 1 Survey of the Citizens Budget Commission and the Federal Reserve Bank of New York, Encouraging Small Business Success in New York City and Northern New Jersey: What Firms Value Most, July, 29, 2005. 2 Id. DOMENIC M. RECCHIA, JR., Chairperson; JOEL RIVERA, GALE A. 3 Steven Malanga, City Journal, Small Businesses to NYC: Get Off Our Backs!, Fall 2009. BREWER, LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, G. 4 Supra note 6. OLIVER KOPPELL, ALBERT VANN, JULISSA FERRERAS, FERNANDO 5 For Inspection Help, Restaurateurs Turn to Consultants, N.Y. Times, April 5, 2002, A5. CC10 COUNCIL MINUTES — STATED MEETING May 12, 2010

the concerns of business owners and requiring the distribution of such document to businesses throughout the five boroughs. Int. No. 118-A

By Council Members Koslowitz, Comrie, Dromm, Fidler, Nelson, Reyna, Arroyo, IV. Legislation Crowley, White, Recchia, Van Bramer, Brewer, Ulrich, Rose, Palma, Jackson, Proposed Int. 118-A would amend the New York City charter to require Levin, Eugene, Sanders, Vann and Halloran. Operations to develop and disseminate a business owner's bill of rights. The bill of rights would be required to include, but not be limited to, notice of every business owner's right to: i) consistent enforcement of agency rules; ii) compliment or A Local Law to amend the New York City charter, in relation to requiring the complain about an inspector or inspectors, and information sufficient to allow a mayor's office of operations to develop and disseminate a business owner's business owner to do so; iii) contest a notice of violation before the relevant tribunal; bill of rights. iv) an inspector who behaves in a professional and courteous manner; v) an inspector who can answer reasonable questions relating to the inspection, or Be it enacted by the Council as follows: promptly makes an appropriate referral; and vi) an inspector with a sound knowledge of the applicable laws, rules and regulations. Section 1. Section 15 of Chapter 1 of the New York City charter is amended by Additionally, the bill would require Operations to develop and implement a adding a new subdivision f to read as follows: plan to distribute the bill of rights to all relevant business owners, including via f. 1. The office of operations shall develop a business owner's bill of rights. The electronic publication on the internet, and to notify such business owners if the bill bill of rights shall be in the form of a written document, drafted in plain language, of rights is subsequently updated or revised. It also directs Operations to develop and that advises business owners of their rights as they relate to agency inspections. The implement a plan in cooperation with all relevant agencies to facilitate distribution of bill of rights shall include, but not be limited to, notice of every business owner's the bill of rights to business owners or managers immediately prior to, or during, an right to: i) consistent enforcement of agency rules; ii) compliment or complain about inspection. an inspector or inspectors, and information sufficient to allow a business owner to do so; iii) contest a notice of violation before the relevant local tribunal, if any; iv) V. Mayor’s Office of Operations an inspector who behaves in a professional and courteous manner; v) an inspector Established pursuant to the City Charter, Operations is charged with, who can answer reasonable questions relating to the inspection, or promptly makes among other duties, evaluating agency performance, assisting agencies in an appropriate referral; and vi) an inspector with a sound knowledge of the applicable laws, rules and regulations. improving service quality and delivery, and overseeing Mayoral and agency initiatives. Operations’ cross-agency jurisdiction makes it the most appropriate 2. To the extent practicable, the office of operations shall develop and implement a plan to distribute the bill of rights to all relevant business owners, entity to effectively produce and disseminate the business owner’s bill of rights. including via electronic publication on the internet, and to notify such business owners if the bill of rights is subsequently updated or revised. The office of VI. Previous Hearing operations shall also develop and implement a plan in cooperation with all relevant At an April 21, 2010 hearing, the Committee heard testimony from the agencies to facilitate distribution of the bill of rights to business owners or managers administration, numerous small business owners and various industry groups on prior to, during, or after an inspection. the merits of the legislation. All those testifying supported the proposed 3. The bill of rights shall serve as an informational document only and nothing legislation. The industry groups and small business owners also provided in this subdivision or in such document shall be construed so as to create a cause of suggestions for measures that could be taken to assist the City’s small business action or constitute a defense in any legal, administrative, or other proceeding. community. Various Council committees are exploring ways to address these §2. This local law shall take effect ninety days following enactment. suggestions and the present legislation is expected to be only one of a number of initiatives aimed at helping small business to thrive in the City. GALE A. BREWER, Chairperson; ERIK MARTIN DILAN, DOMENIC M. RECCHIA JR., PETER F. VALLONE JR., INEZ E. DICKENS, Committee on (The following is from the text of the Fiscal Impact Statement for Int. No. Governmental Operations, May 11, 2010. 118-A:) On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY). FISCAL IMPACT STATEMENT:

Effective FY 10 FY Succeeding Full Fiscal Impact Report of the Committee on Housing and Buildings Effective FY 11 FY 10

Revenues (+) $0 $0 $0

Expenditures (-) $0 $0 $0 Report for Int. No. 66 Net $0 $0 $0 Report of the Committee on Housing and Buildings in favor of approving and adopting, a Local Law to amend the administrative code of the city of New IMPACT ON REVENUES: There would be no impact on revenues resulting York, in relation to benefits pursuant to section four hundred twenty-one-a from the enactment of this legislation. of the real property tax law.

IMPACT ON EXPENDITURES: This legislation would have no impact on expenditures since existing resources would be used to develop and distribute the The Committee on Housing and Buildings, to which the annexed proposed local business owner's bill of rights. law was referred on March 3, 2010 (Minutes, page 665), respectfully

SOURCE OF FUNDS TO COVER ESTIMATED COSTS: N/A REPORTS:

SOURCE OF INFORMATION: New York City Council Finance Division

BACKGROUND AND ANALYSIS: ESTIMATE PREPARED BY: Andy Grossman, Deputy Director John Russell, Legislative Financial Analyst On May 12, 2010, the Committee on Housing and Buildings, chaired by Council Member Erik Martin Dilan, will conduct a hearing on Int. No. 66, A Local HISTORY: This legislation was introduced by the Council on March 25, 2010 Law to amend the Administrative Code of the City of New York, in relation to and referred to the Committee on Governmental Operations and the Committee on benefits pursuant to section four hundred twenty-one-a of the real property tax law Small Business. The Committee on Governmental Operations, along with the (“421-a”). This bill would amend the Administrative Code to modify the Committee on Small Business, held a joint committee hearing on April 21, 2010 “commencement of construction” standard used to determine eligibility for 421-a tax with regard to this legislation, which was then laid over. The Committee on benefits or when construction benefits may be “claimed.” The Committee heard Governmental Operations will consider Proposed Intro. No. 118-A on May 11, testimony from interested parties on this bill on April 7, 2010. 2010. 421-a Program The 421-a tax incentive program was created in 1971 to promote the Accordingly, this Committee recommends its adoption, as amended. construction of new multiple dwellings (with the exception of hotels) and now also 1 the conversion of non-residential space into residential use. The program provides a tax exemption during the construction phase and a declining tax exemption on the (The following is the text of Int. No. 118-A:) 2 increase in assessed valuation created by the construction work post-construction for a certain period.3 Pursuant to authorization granted under State law, the Council COUNCIL MINUTES — STATED MEETING May 12, 2010 CC11

may enact local laws to amend certain aspects of eligibility to receive 421-a benefits; 2 Real property assessment – Pursuant to Chapter 58 of the New York City Charter, under the however, any new restriction on benefits under the 421-a program that is enacted by direction of the Commissioner of Finance assessors serve to make an assessment of real property the City is subject to a one-year lag before it may become effective.4 located in the City. The term “assessment” means a determination by the assessors of (a) the taxable status of real property as of the taxable status date; and (b) the valuation of real property, During the period of construction, or for a period not more than three years including the valuation of exempt real property, and where such property is partially exempt, the immediately following the “commencement date of construction,” eligible 421-a valuation of both the taxable and exempt portions. New York City Charter §1506. projects receive full exemption from increases in real property taxation due to the 3 However, the benefits may be obtained in some instances for the substantial rehabilitation of construction of the project receiving the benefit. To be eligible for consideration to certain low- and moderate-income housing units when such construction is carried out pursuant to receive 421-a benefits, a new construction site must first have met one of four an agreement with the Department of Housing Preservation and Development as allowed under the conditions three years prior to the start of construction. The site must have been with law. 4 respect to permissible zoning either: 1) underutilized, 2) vacant, 3) predominantly Real Property Tax Law §421-a(2)(i). 5 vacant, or 4) improved with a non-conforming use under the Zoning Resolution. See Local Law 58 of 2006; Chapters 618, 619 and 620 of the Laws of 2007 and Chapter 15 Upon completion of construction or three years after the commencement date of of Laws of 2008. 6 Chapters 618, 619 and 620 of the Laws of 2007 and Chapter 15 of Laws of 2008. construction, whichever occurs sooner, the property may be eligible to receive a 10-, 7 15-, 20- or 25-year tax exemption. These exemptions are granted only for the new NYC Administrative Code §11-245(d). 8 value created by the improvement. The exemption starts at 100% and is phased NYC Administrative Code §11-245(d). 9 down to zero. 28 RCNY §6-09. In 2006 the City (Local Law 58 of 2006) and in 2007 the State made changes to the 421-a program which, among other changes, expanded the city’s (The following is from the text of the Fiscal Impact Statement for Int. No. geographic exclusion areas (an area within which the project may not receive 66:) benefits unless affordable housing units are provided); required the provision of affordable housing units outside of these geographic exclusion areas when a project receives any governmental subsidy to build such project; imposed a cap on benefits; extended rent stabilization requirements and imposed certain prevailing wage FISCAL IMPACT STATEMENT: requirements.5 The City’s local law changes would have taken effect on December 28, 2007 but most of these new restrictions did not go into effect until July 1, 2008 Effective FY 10 FY Succeeding 6 because of State law changes. Projects that are “commenced” after June 30, 2008 Effective FY 11 are subject to all new program restrictions discussed above. Under current law and rules, projects that may be eligible for 421-a benefits Revenues (+) ($541,935) ($541,935) must demonstrate to the City’s Housing and Preservation Department (HPD) that Expenditures (-) $0 $0 architectural, structural and plumbing plans have been approved, permits issued for Net ($541,935) ($541,935) such work and work at such site has actually commenced before construction period benefits are actually conferred.7 The law provides that “…construction shall be deemed to have commenced on the date IMPACT ON REVENUES: The legislation would retroactively grant 421-a tax immediately following the issuance by the department of buildings of a benefits to housing development projects that had their architectural plans approved building or alteration permit for a multiple dwelling (based upon after December 28, 2007. The Department of Housing architectural, plumbing and structural plans approved by such department) Preservation and Development (HPD) identified 5 projects that applied for 421- on which the excavation and the construction of initial footings and a benefits and were deemed not to have commenced before the new 421-a foundations commences in good faith, as certified by an architect or restrictions took effect because their plumbing plans were not yet approved. With professional engineer licensed in the state…”8 passage of this bill these 5 projects will be considered to have fallen into the pre-July 1, 2008 category and would receive an as-of-right 421-a benefit which ranges from 10-15 years depending on location. The total value of the 421-a tax benefits that the HPD rules effective on or after July 1, 2008 further provides that “commence” 5 properties will receive retroactive from December 28, 2007 is projected to be for the purposes of commencing construction shall mean: $541,935. This payment would be made in the form of a rebate from the City “(a)(1) the latter to occur of (i) the date upon which a new or concrete general reserve fund. structure to be incorporated into the multiple dwelling that shall perform a

load bearing function for such multiple dwelling is installed; or (ii) the date upon which a building or alteration permit for the multiple dwelling (based IMPACT ON EXPENDITURES: This legislation would have no impact on upon architectural, plumbing and structural plans approved by the expenditures. Department of Buildings) was issued by such department…”9 SOURCE OF FUNDS TO COVER ESTIMATED COSTS: General reserve Based on industry practice, it appears that the approval of plumbing plans is fund typically sought near the conclusion of construction work. According to HPD, a project is currently deemed commenced and eligible for the tax benefit the day after SOURCE OF INFORMATION: New York City Council Finance Division its plumbing permit is received. Department of Housing Preservation and Development

Int. No. 66 ESTIMATE PREPARED BY: Jonathan Rosenberg, Deputy Director Bill section one would remove the requirement that plumbing plans for the Anthony Brito, Legislative Financial Analyst construction of a new building or work performed to a multiple dwelling for which an alteration permit is required must be approved by the Department of Buildings (DOB) in order for a project to be eligible for 421-a tax benefits. For projects that HISTORY: Introduced as Int. 66 by Council and referred to the Committee on include new residential construction and the concurrent conversion, alteration or Housing and Buildings on March 3, 2010. On April 7, 2010, the Committee held a improvement of a pre-existing building or structure, such requirement would also be hearing and Int. 66 was laid over. The bill will be considered by Committee as eliminated if architectural and structural plans are approved by DOB and the actual Proposed Int. 66 on May 12, 2010. construction of such work commences in good faith as certified by a registered architect or professional engineer licensed by New York State and provided that that the construction is completed without undue delay. Accordingly, this Committee recommends its adoption. Bill section two provides that this law would become effective immediately and deemed to have been in full force and effect on and after December 28, 2007. By providing this retroactive date (when the City’s most recent local law changes to the program would have taken effect), this legislation would in effect allow projects (The following is the text of Int. No. 66:) that were commenced prior to July 1, 2008 to be eligible for 421-a tax benefits under the rules in effect prior to such date. Prospectively, all eligible projects would be able to receive 421-a construction benefits earlier in the construction process as a Int. No. 66 result of this bill. By Council Members Dilan, White, Greenfield and Ulrich. However, the bill does not alter any of the requirements relating to eligibility for benefits, affordability obligations, rent stabilization requirements, the benefit cap or the prevailing wage requirements imposed by local and State law. A Local Law to amend the administrative code of the city of New York, in relation to benefits pursuant to section four hundred twenty-one-a of the real property tax law. Update

On Wednesday, May 12, 2010 the Committee adopted this legislation. Be it enacted by the Council as follows: Accordingly, the Committee recommends its adoption.

Section 1. Subdivision d of section 11-245 of the administrative code of the city of New York is amended to read as follows: 1 Section 421-a of the Real Property Tax Law (chapter 1207 of the Laws of 1971). CC12 COUNCIL MINUTES — STATED MEETING May 12, 2010

(d) For purposes of subdivisions (a) and (c) of this section and section 11-245.1- Avenue a.k.a. 495 Willis Avenue (Block 2307, Lot 54), Borough of the b of this part, construction shall be deemed to have commenced on the date Bronx, Designation List No. 425, LP-2370 (L.U. No. 58; 20105348 HKX (N immediately following the issuance by the department of buildings of a building or 100226 HKX). alteration permit for a multiple dwelling (based upon architectural, [plumbing] and structural plans approved by such department) on which the excavation and the By Council Members Comrie and Lander. construction of initial footings and foundations commences in good faith, as certified by an architect or professional engineer licensed in the state, provided that the construction of such multiple dwelling has been completed without undue delay, as WHEREAS, the Landmarks Preservation Commission filed with the Council certified by such architect or professional engineer. Notwithstanding the foregoing, on January 21, 2010 a copy of its designation dated January 12, 2010 (the if a project includes new residential construction and the concurrent conversion, "Designation"), of the (Former) Dollar Savings Bank, located at 2792 Third alteration or improvement of a pre-existing building or structure, construction shall Avenue a.k.a. 495 Willis Avenue, Community District 1, Borough of the Bronx, as be deemed to have commenced on the date immediately following the issuance by a landmark and Tax Map Block 2307, Lot 54, as its landmark site pursuant to the department of buildings of an alteration permit for the multiple dwelling (based Section 3020 of the New York City Charter; upon architectural, [plumbing] and structural plans approved by such department) on which the actual construction of such concurrent conversion, alteration or WHEREAS, the Designation is subject to review by the Council pursuant to improvement of the pre-existing building or structure commences in good faith, as Section 3020 of the City Charter; certified by an architect or professional engineer licensed in the state, provided that the construction of such multiple dwelling has been completed without undue delay, WHEREAS, the City Planning Commission submitted to the Council on March as certified by such architect or professional engineer. 12, 2010 its report on the Designation dated March 10, 2010 (the "Report"); §2. This local law shall take effect immediately and shall be deemed to have been in full force and effect on and after December 28, 2007. WHEREAS, upon due notice, the Council held a public hearing on the Designation on May 4, 2010; and

ERIK MARTIN DILAN, Chairperson; JOEL RIVERA, GALE A. BREWER, WHEREAS, the Council has considered the land use implications and other LEROY G. COMRIE, LEWIS A. FIDLER, ROBERT JACKSON, LETITIA policy issues relating to the Designation; JAMES, MELISSA MARK-VIVERITO, ROSIE MENDEZ, ELIZABETH CROWLEY, BRADFORD S. LANDER, JUMAANE D. WILLIAMS, ERIC A. ULRICH, JAMES S. ODDO, Committee on Housing and Buildings, May 12, 2010. RESOLVED:

On motion of the Speaker (Council Member Quinn), and adopted, the foregoing Pursuant to Section 3020 of the City Charter, and on the basis of the information matter was coupled as a General Order for the day (see ROLL CALL ON and materials contained in the Designation and the Report, the Council affirms the GENERAL ORDERS FOR THE DAY). Designation.

Reports of the Committee on Land Use LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK,

ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ Report for L.U. No. 58 E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE Report of the Committee on Land Use in favor of approving Application no. MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, 20105348 HKX (N 100226 HKX), pursuant to §3020 of the Charter of the MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER City of New York, concerning the designation (List No.425, LP-2370) by A. KOO, Committee on Land Use, May 6, 2010. the Landmarks Preservation Commission of the Dollar Savings Bank located at 2792 Third Avenue, as a historic landmark, Council District no. On motion of the Speaker (Council Member Quinn), and adopted, the foregoing 17. matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY). The Committee on Land Use, to which the annexed Land Use item (with coupled resolution) was referred on March 25, 2010 (Minutes, page 1042), respectfully

REPORTS: Report for L.U. No. 60 Report of the Committee on Land Use in favor of approving Application no. 20105349 HKM (N 100224 HKM), pursuant to §3020 of the Charter of the SUBJECT City of New York, concerning the designation (List No.425, LP-2338) by the Landmarks Preservation Commission of the West Park Presbyterian

Church located at 165 West 86th Street, as a historic landmark, Council BRONX CB - 1 20105348 HKX (N 100226 HKX) District no. 6.

Designation by the Landmarks Preservation Commission (List No. 425/LP The Committee on Land Use, to which the annexed Land Use item (with No. 2370), pursuant to Section 3020 of the New York City Charter, regarding the coupled resolution) was referred on March 25, 2010 (Minutes, page 1043), landmark designation of the Dollar Savings Bank, located at 2792 Third Avenue respectfully a.k.a. 495 Willis Avenue (Block 2307, Lot 54), as an historic landmark.

REPORTS:

Report Summary

COMMITTEE RECOMMENDATION AND ACTION SUBJECT

DATE: May 4, 2010 MANHATTAN CB - 7 20105349 HKM (N 100224 HKM)

The Committee recommends that the Council approve the attached resolution Designation by the Landmarks Preservation Commission (List No. 425/LP and thereby affirm the designation. No. 2338), pursuant to Section 3020 of the New York City Charter, regarding the landmark designation of the West Park Presbyterian Church, located at 165 West 86th Street a/k/a 165-167 West 86th Street and 541 Amsterdam Avenue (Tax Map In connection herewith, Council Members Comrie and Lander offered the Block 1217, Lot 1), as an historic landmark. following resolution:

Res. No. 233 Report Summary Resolution affirming the designation by the Landmarks Preservation Commission of the (Former) Dollar Savings Bank, located at 2792 Third COMMITTEE RECOMMENDATION AND ACTION COUNCIL MINUTES — STATED MEETING May 12, 2010 CC13

Proposals subject to Council review and action pursuant to the Urban DATE: May 12, 2010 Development Action Area Act, Article 16 of the New York General Municipal Law, at the request of the Department of Housing Preservation and Development ("HPD"), The Committee recommends that the Council approve the attached resolution and thereby affirm the designation.

NON- L.U. PROGRAM In connection herewith, Council Members Comrie and Lander offered the following resolution: ADDRESS BLOCK/LOT ULURP NO. NO. PROJECT

167 West 129th 1914/1 20105420 74 Tenant Interim

Street HAM Lease Res. No. 234 Manhattan Resolution affirming the designation by the Landmarks Preservation Commission of the West Park Presbyterian Church, located at 165 West rd th th 420 East 73 1467/36 20105555 84 Participation Loan 86 Street a.k.a. 165-167 West 86 Street and 541 Amsterdam Avenue Street HAM (Tax Map Block 1217, Lot 1), Borough of Manhattan, Designation List Manhattan No. 425, LP-2338 (L.U. No. 60; 20105349 HKM; N 100224 HKM).

INTENT By Council Members Comrie and Lander.

HPD requests that the Council: WHEREAS, the Landmarks Preservation Commission filed with the Council on January 21, 2010 a copy of its designation dated January 12, 2010 (the "Designation"), of the West Park Presbyterian Church, located at 165 West 86th 1. Find that the present status of the Disposition Areas tends to impair or Street a.k.a. 165-167 West 86th Street and 541 Amsterdam Avenue, Community arrest the sound growth and development of the municipality and that the proposed District 7, Borough of Manhattan, as a landmark and Tax Map Block 1217, Lot 1, Urban Development Action Area Project is consistent with the policy and purposes as its landmark site pursuant to Section 3020 of the New York City Charter; of Section 691 of the General Municipal Law;

WHEREAS, the Designation is subject to review by the Council pursuant to 2. Waive the area designation requirement of Section 693 of the General Section 3020 of the City Charter; Municipal Law pursuant to said Section;

WHEREAS, the City Planning Commission submitted to the Council on March 3. Waive the requirements of Sections 197-c and 197-d of the New York City 12, 2010 its report on the Designation dated March 10, 2010 (the "Report"); Charter pursuant to Section 694 of the General Municipal Law;

WHEREAS, upon due notice, the Council held a public hearing on the 4. Approve the projects as Urban Development Action Area Projects pursuant Designation on April 20, 2010; and to Section 694 of the General Municipal Law; and

WHEREAS, the Council has considered the land use implications and other 5. Approve an exemption of the project from real property taxes pursuant to policy issues relating to the Designation; Section 577 of the Private Housing Finance Law for L.U. No. 74.

RESOLVED: Report Summary Pursuant to Section 3020 of the City Charter, and on the basis of the information and materials contained in the Designation and the Report, the Council affirms the COMMITTEE RECOMMENDATION AND ACTION Designation. DATE: May 4, 2010

LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, The Committee recommends that the Council approve the attached resolution CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, and thereby approve the proposals, grant the requests made by the Department of ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ Housing Preservation and Development, and make the findings required by Article E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE 16 of the General Municipal Law. MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER

A. KOO, Committee on Land Use, May 6, 2010.

In connection herewith, Council Members Comrie and Levin offered the On motion of the Speaker (Council Member Quinn), and adopted, the foregoing following resolution: matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY).

Res. No. 235 Resolution approving an Urban Development Action Area Project located at th 167 West 129 Street (Block 1914, Lot 1), Borough of Manhattan, and waiving the urban development action area designation requirement and Report for L.U. No. 74 the Uniform Land Use Review Procedure, pursuant to Sections 693 and 694 Report of the Committee on Land Use in favor of approving Application no. of the General Municipal Law (L.U. No. 74; 20105420 HAM). 20105420 HAM, an Urban Development Action Area Project located at 167 West 129th Street, Council District no. 9 Borough of Manhattan. This By Council Members Comrie and Levin. matter is subject to Council review and action pursuant to Article 16 of the New York General Municipal Law, at the request of the New York City Department of Housing Preservation and Development, and pursuant to WHEREAS, the New York City Department of Housing Preservation and Section 577 of the Private Housing Finance Law for a partial tax Development ("HPD") submitted to the Council on March 15, 2010 its request dated exemption. February 22, 2010 that the Council take the following actions regarding the following Urban Development Action Area Project (the "Project") located at 167 West 129th Street (Block 1914, Lot 1), Community District 10, Borough of The Committee on Land Use, to which the annexed Land Use item (with Manhattan (the "Disposition Area"): coupled resolution) was referred on April 14, 2010 (Minutes, page 1362), respectfully 1. Find that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the REPORTS: municipality and that the proposed Urban Development Action Area Project is consistent with the policy and purposes stated in SUBJECT Section 691 of the General Municipal Law;

CC14 COUNCIL MINUTES — STATED MEETING May 12, 2010

2. Waive the area designation requirement of Section 693 of local improvements; provided, however, that Sponsor shall make a the General Municipal Law pursuant to said Section; partial annual real property tax payment on the Residential Property. Sponsor shall make such partial annual real property tax payment on an assessed valuation equal to the lesser of (i) an amount equal to the 3. Waive the requirements of Sections 197-c and 197-d of full assessed valuation of the Residential Property, or (ii) an amount the New York City Charter pursuant to Section 694 of the General calculated by multiplying $3500 times the number of residential Municipal Law; units included in the housing project and increasing such product by six percent (6%) on July 1, 1990 and July 1 of each successive year, 4. Approve the Project as an Urban Development Action but not by more than twenty percent (20%) in any five-year period. Area Project pursuant to Section 694 of the General Municipal

Law; and

5. Approve a partial exemption of the Project from real property taxes pursuant to Section 577 of Article XI of the Private Housing Finance Law (the "Tax Exemption");

WHEREAS, the Project is to be developed on land that is an eligible area as LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, defined in Section 692 of the General Municipal Law, consists solely of the CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, rehabilitation or conservation of existing private or multiple dwellings or the ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ construction of one- to four-unit dwellings, and does not require any change in land E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE use permitted under the New York City Zoning Resolution; MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER A. KOO, Committee on Land Use, May 6, 2010. WHEREAS, the project description that HPD provided to the Council states that the purchaser in connection with the Sale (the "Sponsor") is a duly organized housing development fund corporation under Article XI of the Private Housing On motion of the Speaker (Council Member Quinn), and adopted, the foregoing Finance Law; matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY).

WHEREAS, upon due notice, the Council held a public hearing on the Project on May 4, 2010;

WHEREAS, the Council has considered the land use and financial implications Report for L.U. No. 78 and other policy issues relating to the Project; Report of the Committee on Land Use in favor of approving Uniform land use review procedure application no. C 100083 HAX, an Urban Development Action Area Designation and Project, located at 1087 East Tremont RESOLVED: Avenue, and the disposition of such property, Borough of the Bronx, Council District no. 15. The Council finds that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the City of New York and that The Committee on Land Use, to which the annexed Land Use item (with a designation of the Project as an urban development action area project is consistent coupled resolution) was referred on April 14, 2010 (Minutes, page 1364), with the policy and purposes stated in Section 691 of the General Municipal Law. respectfully

The Council waives the area designation requirement of the Disposition REPORTS: Area as an urban development action area under Section 693 of the General Municipal Law pursuant to said Section. SUBJECT The Council waives the requirements of Sections 197-c and 197-d of the New York City Charter pursuant to Section 694 of the General Municipal Law. BRONX CB - 6 C 100083 HAX

The Council approves the Project as an Urban Development Action Area City Planning Commission decision approving an application submitted by the Project pursuant to Section 694 of the General Municipal Law. Department of Housing Preservation and Development (HPD):

The Project shall be disposed of and developed upon the terms and 1) pursuant to Article 16 of the General Municipal Law of conditions set forth in the Project Summary that HPD has submitted to the Council, a New York State for: copy of which is attached hereto.

The Council approves the partial Tax Exemption as follows: a) the designation of property located at 1087 East Tremont Avenue (Block 3141, part of Lot 1) as an Urban

Development Action Area; and a. The partial tax exemption provided hereunder shall commence upon the date of conveyance of the housing project to Sponsor (“Effective Date”) and shall terminate upon July 1, 2029 (“Expiration Date”); b) an Urban Development Action Area Project for such area; provided, however, that such partial tax exemption shall terminate if and the Department of Housing Preservation and Development determines that (i) Sponsor is not organized as a housing 2) pursuant to Section 197-c of the New York City Charter for the development fund corporation, (ii) Sponsor is not operating the disposition of such property to a developer to be selected by HPD. housing project in accordance with the requirements of Article XI of the Private Housing Finance Law, or (iii) such real property has not been, or is not being, developed, used, and/or operated in compliance INTENT with the requirements of all applicable agreements made by Sponsor with, or for the benefit of, the City of New York. To facilitate rehabilitation of an existing 4-story community facility building.

b. Those portions of the property included in the housing project which are devoted to business or commercial use (collectively, “Commercial Property”), if any shall not be eligible for real property Report Summary tax exemption hereunder. The Commercial Property shall be subject to full real property taxation; provided, however, that nothing herein COMMITTEE RECOMMENDATION AND ACTION shall prohibit Sponsor from utilizing any abatement, exemption, or other tax benefit for which the Commercial Property would otherwise be eligible. DATE: May 4, 2010

c. All of the value of the property, other than the Commercial Property, The Committee recommends that the Council approve the attached resolution included in the housing project (collectively, “Residential Property”) and thereby approve the decision of the City Planning Commission. shall be exempt from real property taxes, other than assessments for COUNCIL MINUTES — STATED MEETING May 12, 2010 CC15

In connection herewith, Council Members Comrie and Levin offered the following resolution: On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY). Res. No. 236 Resolution approving the decision of the City Planning Commission on an application submitted by the New York City Department of Housing Report for L.U. No. 80 Preservation and Development, ULURP No. C 100083 HAX, approving the Report of the Committee on Land Use in favor of approving Application no. designation of property located at 1087 East Tremont Avenue (Block 3141, 20105301 TCM, pursuant to §20-226 of the Administrative Code of the City part of Lot 1), Borough of the Bronx, as an Urban Development Action of New York, concerning the petition of 356 West 44th Street Restaurant Area, approving the project for the area as an Urban Development Action Inc. d/b/a The Irish Rogue, to continue to maintain and operate an Area Project, and approving the disposition of such property to a developer unenclosed sidewalk café located at 356 West 44th Street, Borough of selected by the New York City Department of Housing Preservation and Manhattan, Council District no. 3. Development (L.U. No. 78; C 100083 HAX). The Committee on Land Use, to which the annexed Land Use item (with By Council Members Comrie and Levin. coupled resolution) was referred on April 14, 2010 (Minutes, page 1365), respectfully WHEREAS, the City Planning Commission filed with the Council on April 16, 2010 its decision dated April 14, 2010 (the "Decision"), on the application submitted REPORTS: by the New York City Department of Housing Preservation and Development pursuant to Section 197-c of the New York City Charter and Article 16 of the General Municipal Law of New York State regarding: SUBJECT a) the designation of property located at 1087 East Tremont Avenue (Block 3141, part of Lot 1), as an Urban Development Action MANHATTAN CB - 4 20105301 TCM Area (the "Area"); Application pursuant to Section 20-226 of the Administrative Code of the City b) an Urban Development Action Area Project for such area (the of New York, concerning the petition of 356 West 44th St. Restaurant, Inc., d/b/a "Project"); and The Irish Rogue, for a revocable consent to continue to maintain and operate an unenclosed sidewalk café located at 356 West 44th Street, Borough of Manhattan. pursuant to Section 197-c of the New York City Charter for the disposition of such property to a developer selected by the New York City Department of Housing Preservation and Development to facilitate rehabilitation of an existing four-story INTENT community facility building (the "Disposition"), Community District 6, Borough of the Bronx (ULURP No. C 100083 HAX) (the "Application"); To allow an eating or drinking place located on a property which abuts the street to continue to maintain and operate an unenclosed service area on the sidewalk of WHEREAS, the Decision is subject to review and action by the Council such street. pursuant to Section 197-d(b)(1) of the City Charter; Report Summary WHEREAS, the Application and Decision are subject to review and action by the Council pursuant to Article 16 of the General Municipal Law of New York State; COMMITTEE RECOMMENDATION AND ACTION

WHEREAS, on April 27, 2010 by letter dated April 12, 2010 the Department DATE: May 4, 2010 of Housing Preservation and Development submitted its request respecting the application; The Committee recommends that the Council approve the attached resolution and thereby approve the Petition. WHEREAS, upon due notice, the Council held a public hearing on the Application and Decision on May 4, 2010; In connection herewith, Council Members Comrie and Weprin offered the following resolution: WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Application;

RESOLVED: Res. No. 237 Resolution approving the petition for a revocable consent for an unenclosed sidewalk café located at 356 West 44th Street, Borough of Manhattan Pursuant to Section 197-d, the Council approves the decision of the City (20105301 TCM; L.U. No. 80). Planning Commission (C 100083 HAX).

By Council Members Comrie and Weprin. The Council finds that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the City of New York and that WHEREAS, the Department of Consumer Affairs filed with the Council on a designation of the Project as an urban development action area project is consistent th with the policy and purposes stated in Section 691 of the General Municipal Law. April 7, 2010 its approval dated April 7, 2010 of the petition of 356 West 44 St. Restaurant, Inc., d/b/a The Irish Rogue, for a revocable consent to continue to

maintain and operate an unenclosed sidewalk café located at 356 West 44th Street, The Council approves the designation of the Disposition Area as an urban Community District 4, Borough of Manhattan (the "Petition"), pursuant to Section development action area pursuant to Section 693 of the General Municipal Law. 20-226 of the New York City Administrative Code (the "Administrative Code");

The Council approves the Project as an urban development action area WHEREAS, the Petition is subject to review by the Council pursuant to project pursuant to Section 694 of the General Municipal Law. Section 20-226 of the Administrative Code;

The Council approves the disposition of such property to a developer WHEREAS, upon due notice, the Council held a public hearing on the Petition selected by the Department of Housing Preservation and Development. on May 4, 2010; and

WHEREAS, the Council has considered the land use implications and other LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, policy issues relating to the Petition; CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE RESOLVED: MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER Pursuant to Section 20-226 of the Administrative Code, the Council approves A. KOO, Committee on Land Use, May 6, 2010. the Petition. CC16 COUNCIL MINUTES — STATED MEETING May 12, 2010

construction of one to four unit dwellings, and does not require any change in land use permitted under the New York City Zoning Resolution; LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, WHEREAS, upon due notice, the Council held a public hearing on the Project ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ on May 4, 2010; E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, WHEREAS, the Council has considered the land use implications and other MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER policy issues relating to the Project; A. KOO, Committee on Land Use, May 6, 2010.

RESOLVED: On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY). The Council finds that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the City of New York and that a designation of the Project as an urban development action area project is consistent

with the policy and purposes stated in Section 691 of the General Municipal Law.

The Council waives the area designation requirement of the Disposition Report for L.U. No. 84 Area as an urban development action area under Section 693 of the General Report of the Committee on Land Use in favor of approving Application no. Municipal Law pursuant to said Section. 20105555 HAM, an Urban Development Action Area Project located at 420 East 73rd Street, Council District no. 5, Borough of Manhattan. This The Council waives the requirements of Sections 197-c and 197-d of the matter is subject to Council review and action pursuant to Article 16 of the New York City Charter pursuant to Section 694 of the General Municipal Law. New York General Municipal Law, at the request of the New York City

Department of Housing Preservation and Development. The Council approves the Project as an urban development action area project pursuant to Section 694 of the General Municipal Law. The Committee on Land Use, to which the annexed Land Use item (with coupled resolution) was referred on April 29, 2010 (Minutes, page 1568), respectfully The Project shall be disposed of and developed upon the terms and conditions in the Project Summary that HPD has submitted to the Council, a copy of which is attached hereto. REPORTS:

LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, (For text of report, please see the Report of the Committee on Land Use CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, for LU No. 74 printed in these Minutes) ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE Accordingly, this Committee recommends its adoption. MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER A. KOO, Committee on Land Use, May 6, 2010.

Res. No. 238 Resolution approving an Urban Development Action Area Project located at 420 East 73rd Street (Block 1467, Lot 36), Borough of Manhattan, and Report for L.U. No. 88 waiving the urban development action area designation requirement and the Uniform Land Use Review Procedure, pursuant to Sections 693 and 694 Report of the Committee on Land Use in favor of approving Application no. of the General Municipal Law (L.U. No. 84; 20105555 HAM). 20105413 HKM (N 100247 HKM), pursuant to §3020 of the Charter of the City of New York, concerning the designation (List No.426, LP-2379) by the Landmarks Preservation Commission of the former Yale Club, located By Council Members Comrie and Levin. at 30-32 West 44th Street, as a historic landmark, Council District no.3.

WHEREAS, the New York City Department of Housing Preservation and The Committee on Land Use, to which the annexed Land Use item (with Development ("HPD") submitted to the Council on April 15, 2010 its request dated coupled resolution) was referred on April 29, 2010 (Minutes, page 1569), March 22, 2010 that the Council take the following actions regarding an Urban respectfully Development Action Area Project (the "Project") located at 420 East 73rd Street

(Block 1467, Lot 36), Community District 8, Borough of Manhattan (the "Disposition Area"): REPORTS:

1. Find that the present status of the Disposition Area tends SUBJECT to impair or arrest the sound growth and development of the municipality and that the proposed Urban Development Action MANHATTAN CB - 5 20105413 HKM (N 100247 HKM) Area Project is consistent with the policy and purposes of Section

691 of the General Municipal Law; Designation by the Landmark Preservation Commission (List No. 426/LP- 2379) regarding the landmark designation of the (Former) Yale Club of New 2. Waive the area designation requirement of Section 693 of York City Building (now Penn Club of New York), located at 30-32 West 44th the General Municipal Law pursuant to said Section; Street (Block 1259, Lot 54), as an historic landmark.

3. Waive the requirements of Sections 197-c and 197-d of the New York City Charter pursuant to Section 694 of the General Report Summary Municipal Law; and

COMMITTEE RECOMMENDATION AND ACTION 4. Approve the Project as an Urban Development Action Area Project pursuant to Section 694 of the General Municipal Law. DATE: May 4, 2010

WHEREAS, the Project is to be developed on land that is now an eligible area The Committee recommends that the Council approve the attached resolution as defined in Section 692 of the General Municipal Law, consists solely of the and thereby affirm the designation. rehabilitation or conservation of existing private or multiple dwellings or the COUNCIL MINUTES — STATED MEETING May 12, 2010 CC17

In connection herewith, Council Members Comrie and Lander offered the COMMITTEE RECOMMENDATION AND ACTION following resolution: DATE: May 4, 2010

Res. No. 239 The Committee recommends that the Council approve the attached resolution Resolution affirming the designation by the Landmarks Preservation and thereby affirm the designation. Commission of the (Former) Yale Club of New York City Building (now th Penn Club of New York) located at 30-32 West 44 Street (Block 1259, Lot 54), Borough of Manhattan, Designation List No. 426, LP-2379; L.U.

No. 88; 20105413 HKM (N 100247 HKM). In connection herewith, Council Members Comrie and Lander offered the

following resolution: By Council Members Comrie and Lander.

WHEREAS, the Landmarks Preservation Commission filed with the Council on February 19, 2010 a copy of its designation dated February 9, 2010 (the Res. No. 240 "Designation"), of the (Former) Yale Club of New York City Building (now Penn Resolution affirming the designation by the Landmarks Preservation Club of New York), located at 30-32 West 44th Street, Community District 5, Commission of the 143 Allen Street House, located at 143 Allen Street Borough of Manhattan, as a landmark and Tax Map Block 1259, Lot 54, as its (Block 415, Lot 23), Borough of Manhattan, Designation List No. 426, landmark site pursuant to Section 3020 of the New York City Charter; LP-2350; L.U. No. 89; 20105414 HKM (N 100248 HKM).

WHEREAS, the Designation is subject to review by the Council pursuant to By Council Members Comrie and Lander. Section 3020 of the City Charter; WHEREAS, the Landmarks Preservation Commission filed with the Council WHEREAS, the City Planning Commission submitted to the Council on April on February 19, 2010 a copy of its designation dated February 9, 2010 (the 16, 2010 its report on the Designation dated April 14, 2010 (the "Report"); "Designation"), of the 143 Allen Street House, located at 143 Allen Street, Community District 3, Borough of Manhattan, as a landmark and Tax Map Block

415, Lot 23, as its landmark site pursuant to Section 3020 of the New York City WHEREAS, upon due notice, the Council held a public hearing on the Charter; Designation on May 4, 2010; and

WHEREAS, the Designation is subject to review by the Council pursuant to WHEREAS, the Council has considered the land use implications and other Section 3020 of the City Charter; policy issues relating to the Designation;

WHEREAS, the City Planning Commission submitted to the Council on April RESOLVED: 16, 2010 its report on the Designation dated April 14, 2010 (the "Report");

Pursuant to Section 3020 of the City Charter, and on the basis of the information WHEREAS, upon due notice, the Council held a public hearing on the and materials contained in the Designation and the Report, the Council affirms the Designation on May 4, 2010; and Designation.

WHEREAS, the Council has considered the land use implications and other policy issues relating to the Designation; LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ RESOLVED: E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, Pursuant to Section 3020 of the City Charter, and on the basis of the information MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER and materials contained in the Designation and the Report, the Council affirms the A. KOO, Committee on Land Use, May 6, 2010. Designation.

On motion of the Speaker (Council Member Quinn), and adopted, the foregoing matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY). LEROY G. COMRIE, Chairperson; JOEL RIVERA, DIANA REYNA, CHARLES BARRON, JAMES S. SANDERS JR., LARRY B. SEABROOK, ALBERT VANN, ANNABEL PALMA, MARIA DEL CARMEN ARROYO, INEZ E. DICKENS, DANIEL R. GARODNICK, JESSICA S. LAPPIN, ROSIE MENDEZ, JAMES VACCA, BRADFORD S. LANDER, STEPHEN T. LEVIN, Report for L.U. No. 89 MARK S. WEPRIN, VINCENT M. IGNIZIO, DANIEL J. HALLORAN, PETER Report of the Committee on Land Use in favor of approving Application no. A. KOO, Committee on Land Use, May 6, 2010. 20105414 HKM (N 100248 HKM), pursuant to §3020 of the Charter of the

City of New York, concerning the designation (List No.426, LP-2350) by the Landmarks Preservation Commission of the 143 Allen Street House, On motion of the Speaker (Council Member Quinn), and adopted, the foregoing located at 143 Allen Street, as a historic landmark, Council District no. 1. matter was coupled as a General Order for the day (see ROLL CALL ON GENERAL ORDERS FOR THE DAY).

The Committee on Land Use, to which the annexed Land Use item (with coupled resolution) was referred on April 29, 2010 (Minutes, page 1569), respectfully Report of the Committee on Parks and Recreation

REPORTS: Report for Int. No. 123-A SUBJECT Report of the Committee on Parks and Recreation in favor of approving and adopting, as amended, a Local Law to amend the administrative code of the MANHATTAN CB - 3 20105414 HKM (N 100248 HKM) city of New York, in relation to the surface areas of playgrounds and athletic fields.

Designation by the Landmark Preservation Commission (List No. 426/LP- 2350) regarding the landmark designation of the 143 Allen Street House, located at 143 Allen Street (Block 415, Lot 23), as an historic landmark. The Committee on Parks and Recreation, to which the annexed amended proposed local law was referred on March 25, 2010 (Minutes, page 1014), respectfully

REPORTS: Report Summary

CC18 COUNCIL MINUTES — STATED MEETING May 12, 2010

INTRODUCTION 8 In 2002, Brigham Young University undertook a preliminary study comparing temperatures at two newly installed fields—one FieldTurf and one sand-based natural turf. Initial results showed that On May 11, 2010, the Committee on Parks and Recreation, chaired by Council the surface temperature of the synthetic field was, on average, 39 degrees higher than the natural Member Melissa Mark-Viverito, held a hearing on Proposed Int. No. 123-A, A turf and 8 degrees higher than asphalt. At its hottest point, the synthetic turf was 86.5 degrees Local Law to amend the administrative code of the city of New York, in relation to hotter than grass. The study also found that cooling the synthetic turf with water had very little the surface areas of playgrounds and playing fields. This was the second hearing on effect on its temperature. Similar results were found by researchers at Penn State, who examined the bill. The first hearing was held April 15, 2010. At this second hearing, the the surface temperatures of several different brands of synthetic turf. On FieldTurf, the difference Committee voted 5-0 in favor of the bill. between surface and air temperatures was 37 degrees. 9 Urban heat islands are created when grass and trees are replaced by surfaces such as rooftops and asphalt, which absorb heat. As a result, urban heat islands increase demand for energy, intensify air BACKGROUND pollution, and increase heat-related health problems due to the increase in temperature in these In recent years, many of New York City’s playing fields have been enduring locations. Artificial turf fields absorb rather than reflect sunlight, causing the fields to emit heat. 10 increasing wear and tear with reduced opportunity for recovery due to so many Tom Angotti, “Greening City Schoolyards,” Gotham Gazzette, November 2007. different sports being played on them throughout most of the year. Every year has 11 Sewell Chan, “Are Playground Safety Mats Too Hot to Handle,” The New York Times, July seen an increase in usage and as a result, the playing fields are becoming harder to 21, 2008. maintain.1 It has been recognized that there are advantages to the use of synthetic turf fields.2 Certain turf fields are able to be used more often than grass fields, and are considered more durable than grass fields.3 However, there has been much concern about possible contaminants in crumb rubber infill from recycled tires, which has been used in some of the synthetic turf fields. In December 2008, Thomas Jefferson field, a field using crumb rubber, was closed by New York City’s Department of Parks and Recreation (DPR) due to elevated levels of lead found in the field.4 The field has since been replaced and reopened in spring of 2009.5 Moreover, many in the scientific and health communities have expressed concern about the need for more testing of proposed field materials, as they argue that presently it has not yet been fully demonstrated (The following is from the text of the Fiscal Impact Statement for Int. No. that all synthetic turf fields are safe.6 Also, there have been concerns about the 123-A:) environmental ramifications of the use of synthetic turf fields, such as off-gassing and storm water runoff.

A literature study conducted in 2008 by the New York City Department of FISCAL IMPACT STATEMENT: Health and Mental Hygiene (DOHMH) of synthetic turf fields has expressed concern about whether such synthetic turf fields may become excessively hot.7 Although artificial turf offers all-weather playability and lower maintenance costs Effective FY 10 FY Succeeding Full Fiscal Impact than natural turf, it increases surface temperatures dramatically,8 not only Effective FY 11 FY 11 9 contributing to global warming and the local heat island effect by absorbing Revenues (+) $0 $0 $0 sunlight and emitting heat, but possibly affecting the health of children using the 10 $0 $0 $0 fields. Expenditures (-) In addition, there have been reports of the dangers to small children from the Net $0 $0 $0 heat of not only artificial turf and playground mats, but also playground equipment, in general.11 Recently, in accordance with Local Law 28 of 2009, DPR placed signs in playgrounds warning of such heat dangers. At a City Council hearing in February IMPACT ON REVENUES: It is estimated that there would be no impact on 2009, the Committee on Parks and Recreation heard testimony from a broad array of revenues resulting from the enactment of this legislation. individuals, many of who expressed support for the benefits of synthetic turf, but understood that there needed to be further scientific study to determine the best turf to use. IMPACT ON EXPENDITURES: There would be minimal to no impact on expenditures resulting from the enactment of this legislation.

Proposed Int. No. 123-A SOURCE OF FUNDS TO COVER ESTIMATED COSTS: General Fund Proposed Int. No. 123-A would require DPR to conduct a review of surfacing for playgrounds or playing fields where any of the materials in such surfacing had not been used before as surfacing by DPR. DPR would be required to consult with SOURCE OF INFORMATION: City Council Finance Division DOHMH as part of this review. The bill creates an Advisory Committee that DPR would consult with prior ESTIMATE PREPARED BY: Nathan Toth, Assistant Director when such new surfacing is proposed to be used. This Advisory Committee would Chima Obichere, Supervising Legislative Financial Analyst review whether the proposed new surfacing materials would present any health, safety or environmental risk, including whether and which of such materials retain high levels of heat, contain known carcinogens and/or toxic substances, or would HISTORY: Int. 123 was introduced by the Council and referred to the have adverse environmental impacts. This Advisory Committee would be made up Committee on Parks and Recreation on March 25, 2010. Hearing held and laid over of nine voting members, five of whom would be appointed by the Mayor and four by the Committee on April 15, 2010. The amended version, Proposed Int. 123-A, by the Council Speaker. In addition, the DPR Commissioner and DOHMH will be considered by the Committee on May 11, 2010. Commissioner, or their designees, would be non-voting members of the committee. The Advisory Committee would have individuals from a variety of areas, including DATE SUBMITTED TO COUNCIL: March 25, 2010. the health, science and environmental fields, and the architecture field. One would have to represent groups who use City playgrounds or playing fields. This Advisory Committee would meet with DPR prior to January 1 and July 1 Accordingly, this Committee recommends its adoption, as amended. of each year, with additional meetings on 20 days notice as necessary, if there was a new surfacing material contemplated, but no new surfacing material could be used unless a meeting to discuss this surfacing had occurred. DPR would have to provide a report every six months to the Advisory Committee detailing any proposed new (The following is the text of Int. No. 123-A:) surfacing materials, or so state if none was being contemplated. The Advisory Committee would on an ongoing basis issue reports. Reports issued by DPR and by the Advisory Committee would be posted on the City’s website. Int. No. 123-A This Local Law would sunset in three years. By Council Members Mark-Viverito, Dromm, Koppell, Lander, Rodriguez, Nelson, Van Bramer, Crowley, Arroyo, Lappin, Levin, Palma, Jackson, Barron, Eugene, Garodnick and Vann. 1 New Yorkers for Parks, “A New Turf War/Synthetic Turf in New York City Parks,” June 28, 2007. 2 New York City Department of Health and Mental Hygiene, “Fact Sheet on Synthetic Turf A Local Law to amend the administrative code of the city of New York, in Used in Athletic Fields and Play Areas,” http://www.nyc.gov/html/doh/html/eode/eode-turf.shtml. relation to the surface areas of playgrounds and athletic fields. 3 Id. 4 Sewell Chan, “City Shuts Field Over Lead Concern,” The New York Times, December 24, Be it enacted by the Council as follows: 2008. 5 Synthetic Turf Lead Results http://www.nycgovparks.org/sub_things_to_do/facilities/synthetic_turf_test_results.html Section 1. Title 18 of the administrative code of the city of New York is 6 Id. amended by adding a new section 18-136 to read as follows: 7 Elizabeth Denly, Katarina Rutkowski, Karen M. Vetrano, Ph.D., “A Review of the Potential §18-136 Advisory committee for new surfacing materials a. For purposes of Health and Safety Risks from Synthetic Turf Fields Containing Crumb Rubber Infill,” Prepared for this section, “surfacing materials” shall mean infill materials, blades of synthetic New York City Department of Health and Mental Hygiene, May 2008. turf and surfaces used under and around play equipment. COUNCIL MINUTES — STATED MEETING May 12, 2010 CC19

b. The department shall on an ongoing basis consult with the department of health and mental hygiene to identify and evaluate new surfacing materials that have not been previously used for any playgrounds or athletic fields by the Resolved, that the following named persons be and hereby are appointed department to determine whether such materials may benefit the public by Commissioners of Deeds for a term of two years: enhancing recreational activities and to evaluate potential health or safety impacts. In performing such an evaluation, the department shall assess reasonably available information on new surfacing materials to determine if such surfacing materials are appropriate for recreational activities in parks and meet existing safety and health (The following named individuals were appointed as Commissioners of standards, including, but not limited to the standards of the American society for Deeds at the Stated Council Meeting of April 29, 2010:) testing and materials, the American national standards institute, and the United States consumer products safety commission guidelines set out in its “Handbook for

Public Playground Safety”, applicable to such materials. Such evaluation shall also Approved New Applicant’s Report include an assessment of reasonably available information regarding whether or not such materials may present any health or safety risk, including whether such materials retain high levels of heat or contain hazardous levels of known Name Address District # carcinogens and/or toxic substances, and of any available studies of such materials Annette Abrams 2805 Dewey Avenue #3A 13 that address environmental issues. Such evaluation shall also include an assessment of alternative surfaces and technologies considered, including natural surfacing. Bronx, NY 10465 The department shall use best efforts to locate all pertinent sources of information L. Byers-Bemardini 165 St. Marks Place #9B 49 on any surfacing material under evaluation, provided that nothing in this section Staten Island, NY 10301 shall be construed to require the performance of an exhaustive search of all Tiffany Monte 260 Dixon Avenue 49 information available on any such material. The department shall at least every six Staten Island, NY 10303 months provide to the advisory committee described in this section a report regarding any evaluation of new surfacing materials intended to be used by the Wilvina Canal 1745 Caton Avenue #4F 40 department and prior to such use by the department, or provide to the advisory Brooklyn, NY 11226 committee a written statement that no such report exists. Lisa Chapman 3232 Shore Parkway #4D 48 c.(1) There shall be an advisory committee on the safety of new surfacing Brooklyn, NY 11235 materials. The committee shall consist of nine voting members, five of whom shall Ismael Correa, Jr 530 est 159th Street #24 17 be appointed by the mayor, and four of whom shall be appointed by the speaker of Bronx, NY 10451 the council. In addition, the commissioner of the department or a designee and the commissioner of the department of health and mental hygiene or a designee shall be Celia Fantattzzi 14 Paerdegat 1st Street 46 non-voting members. Each member of the advisory committee shall serve without Brooklyn, NY 11236 compensation. Members shall serve at the pleasure of the appointing official and Tashika German 94-40 210th Street #3G 23 any vacancy shall be filled in the same manner as the original appointment. The Queens, NY 11428 committee shall have representatives with expertise drawn from the following subject areas: American society for testing and materials testing methods, consumer Cirse J. Guzman 10 Post Avenue #5D 10 products safety commission guidelines, the environmental field, the science field, New York, NY 10034 medicine and human health, landscape architecture and park planning, athletic Vanessa Mendez 19 Cornelia Street #2B 34 direction and physical exercise, and the Americans with disabilities act. It shall also Brooklyn, 11221 have at least one representative from user groups of playgrounds or athletic fields. Dana M. Morigi 106 Alverson Avenue 51 The members shall choose a chairperson from among the voting members. The advisory committee shall meet with the commissioner or a designee prior to July Staten Island, NY 10309 first and prior to January first each year at which time the commissioner or such designee shall respond to any recommendations made by such committee pursuant to paragraph 2 of this subdivision. The location and time of such meeting shall be Approved New Applicants and Reapplicants determined by the chairperson in coordination with the commissioner. The commissioner may also schedule a meeting of the advisory committee on twenty calendar days notice to all members of the committee. Such notice to the members of the committee shall be by electronic mail and via facsimile as available or via Name Address District # certified mail to the last known address of such member if neither electronic method Claudette Agard 431 Winthrop Street 40 nor facsimile is available. Brooklyn, NY 11203 (2) The advisory committee shall evaluate any report provided to it by the Sabrina Reyes 208 East 38th Street 40 department pursuant to subdivision b of this section. The advisory committee may at any time make independent recommendations to the commissioner regarding Brooklyn, NY 11203 proposed new surfacing materials, and may suggest means of educating the public Heysell Anaador 25 Hausman Street 2nd Fl 33 about the appropriate and safe use of materials. The commissioner shall consider Brooklyn, NY 11222 any recommendations received from the committee. Carlton N. Lee 530 2nd Street #F6 33 d. Recommendations of the advisory committee pursuant to subdivision c of this Brooklyn, NY 11215 section and reports required by subdivision b of this section shall be sent to the Margaret Antiaris C/0 Zipperm 340 East 149th Street 17 mayor and the speaker of the council and shall be made available on the department’s website within ten days of the release of any such reports. Bronx, NY 10461 e. The advisory committee shall be deemed established upon the appointment of Cynthia J. Davis 1015 Anderson Avenue 17 its members and shall continue to exist until three years from the effective date of the Bronx, NY 10452 local law that added this section, after which it shall cease to exist. Appointment of Sunday Ayanfodun 735 Lincoln Avenue #I3E 42 committee members shall occur within one hundred eighty days of the enactment of Brooklyn, PTY. 11208 this section. Tamishia C. Flowers 1420 Freeport Loop #2D 42 § 2. This local law shall take effect immediately. Brooklyn, NY 11239

Margaret D. Gardner 215 Cozine Avenue #1 42 Brooklyn, NY 11207 MELISSA MARK-VIVERITO, Chairperson; JAMES VACCA, JULISSA Nettie Morgan 735 Pennsylvania Avenue 42 FERRERAS, DANIEL DROMM, JAMES G. VAN BRAMER, Committee on Parks and Recreation, May 11, 2010. Brooklyn, NY 11207 Jacqueline Black 209-17B Hillside Avenue 23 On motion of the Speaker (Council Member Quinn), and adopted, the foregoing Queens, NY 11427 matter was coupled as a General Order for the day (see ROLL CALL ON Radames Montalvo 94-26 214tb Street 23 GENERAL ORDERS FOR THE DAY). Queens, NY 11428 Cecilia Rodriguez 234-14 Seward Avenue 23 Queens Village, NY 11427 GENERAL ORDER CALENDAR Bruce Tifeld 224-01 Hillside Avenue 23 Queens, NY 11427 Jackie E. Bonner 90-10 149th Street #51, 24 Resolution approving various persons Commissioners of Deeds Jamaica, NY 11435 Kirnbiley Felde, 166-05 Highland Avenue 24 By the Presiding Officer – Queens, NY 11432 CC20 COUNCIL MINUTES — STATED MEETING May 12, 2010

Tanizigia F. Brown 165 West 197th Street 14 Maritza C. Loqui 354 South 4th Street 34 Bronx, NY 10468 Brooklyn, NY 11211 Nydia M. Fornan 1478 Walton Avenue #2E 14 Blanca Martinez 164 Sherman Avenue #21 10 Bronx, NY 10452 New York, NY 10034 Shirelle Williams 2545 Sedgwick Avenue #6K 14 Frank Moran° 1026 Sinclair Avenue 51 Bronx, NY 10468 Staten Island, NY 10309 Carmen Carrion 202 West 149th Street 7 Miriam Roman 343 Mosel Avenue 51 New York, NY 10039 Staten Island, NY 10306 Stanley W. Lopez 499 West 130th Street 7 Jose L. Muniz 739 Park Avenue 36 New York, NY 10027 Brooklyn, NY 11206 Carmen Castro 133-01 Sanford Avenue 20 Joseph R. Paulus 34-55 12th Street 26 #4M Queens, NY 11106 Flushing, NY 11355 Tracey Wkisnant 21-09 35th Avenue #1 26 Gregory Frachtman 138-49 Barclay Avenue 20 Long Island City, NY 11106 #1A Isabel M. Pena 253 East 10th Street #14 2 Queens, NY 11355 New York, NY 10009 Mary Chauncey 70 East 1013th Street 8 John L. Rivera 16 Monroe Street #11A 1 New York, NY 10029 New York, NY 10002 Herbert Cruz 501 West 28th Street 3 Wailar R. Ilizvi 304 West 260th Street 11 New York, NY 10001 Bronx, NY 10471 Renee Horowitz. 365 West 25 Street # 10C 3 Carolyn Stevens 112-50 20:5th Street 27 New York, NY 10001 St. Albans, NY 11412 Dolores Curnberbatch 1192 Ocean Avenue 45 Ednita Torres 104-42 129 Street 28 Brooklyn, NY 11230 Richmond Hill, NY 11419 Beverly Wilson 938 Troy Avenue #2 45 Jack Washington 21-37 33rd Street 22 Brooklyn, 14Y 11203 Queens, NY 11105 Carmen L. Delgado 1763 2nd Avenue #140 5 Elaine Young 97-30 57th, Avenue #5 25 New York, NY 10128 Queens, NY 11368 Richard Knelling 306 East 83rd Street 5 Bruce Zurrnw 1720 Shore Blvd 48 New York, NY 10028 Brooklyn, NY 11235 Stephen Dickerson 2170 Madison Avenue #4D 9 New York, NY 10037 Isaac Richter 340 Riverside Drive 9 New York, NY 10025 (The following named individuals were appointed as Commissioners of Dale Welch 410 St. Nicholas Avenue 9 Deeds at this Stated Council Meeting of May 12, 2010:) #17G New York NY 10027 Erica Dillard 2666 Valentine Avenue #3A 15 Approved New Applicant’s Report Bronx, NY 10458 Migdalia R. Ebbin 1480 Thieriot Avenue 18 Name Address District # Bronx, NY 10460 Frances S. Antigone 64-49 138th Street 24 Annmarie Edkins 132 Maple Parkway 49 Queens, NY 11367 Staten Island, NY 10303 Taminicka Burney 4118 Paulding Avenue 12 Patrick F. Panetta 1946 Bergen Avenue #2B 41 Bronx, NY 10466 Brooklyn, NY 11234 Joan P. Byrnes 105 Bartlett Place 46 Barbara Jo Kimpson 329 Fetchers Avenue 41 Brooklyn, NY 11229 Brooklyn, NY 11233 Herminia Estela 2350 Quimby Avenue 18 Blanche Marie Riddick 210 East 96th Street #2F 41 Bronx, NY 10473 Brooklyn, NY 11212 Peter Founds 25-05 37th Street 22 Yvonne Hernandez 102-26 86th Avenue #D4 30 Queens, NY 11103 Richmond Hill, NY 11418 Maria Martocci 86 Kennington Street 51 Domenico Mistretta 59-20 59th Road 30 Staten Island, NY 10308 Maspeth, NY 11378 Lawrence A. Palladino 823 East 147th Street #26 17 Daniel W. Iseley 24-A Cooper Place 12 Bronx, NY 10455 Bronx, NY 10475 Jessica Roman 1030 Nelson Avenue #30 17 Charles M. Jordan 120 Co-op City Blvd 12 Bronx, NY 10452 Bronx, NY 10475 April Reid 200 Bethel Loop #1C 42 Marina King 100-15 Aldrich Street #150 12 Brooklyn, NY 11239 Bronx, NY 10475 Jennifer Salerno 12 Monroe Street #3A 1 Victor B. Tosi 3309 Hone Avenue 12 New York, NY 10002 Bronx, NY 10469 Kiandra Venson 186-18 Williamson Avenue 27 Elizabeth Johnson 190 72nd Street #191 43 Queens, NY 11413 Brooklyn, NY 11209 Desiree J. Waters 1324 Carroll Street #2H 35 Alonzo Tones 1536 East 59th Street 46 Brooklyn, NY 11213 Brooklyn, NY 11234 Janne Linares 851 Quincy Avenue 13 Bronx, NY 10465 Approved New Applicants and Reapplicants Lisa Suzette' Long-Waithe 150 Crown Street #D4 35 Brooklyn, NY 11225 Evelyn Vega 284 Willoughby Avenue 35 Name Address District # Brooklyn, NY 11205 Diane Acevedo 765 1DR Drive #3B 2 Oneida Lopez 869 Flushing Avenue #15D 34 New York, NY 10009 Brooklyn, NY 11206 Donald Neville 1 Haven Plaza #21A 2 COUNCIL MINUTES — STATED MEETING May 12, 2010 CC21

New York, NY 10009 New York, NY 10013 Mary Baker 115-12 210th Street 27 Carmen E. Lepin 2830 Schley Avenue #6A 13 Queens, NY 11411 Bronx, NY 10465 Linda Hood 186-09 Baisley Blvd. 27 Victoria Vega 2180 Wallace Avenue 13 Queens, NY 11412 Bronx, NY 10462 Shanti Weston 116-40 196th Street 27 Carmen S. Lopez 1950 Andrews Avenue 14 St. Albans, NY 11412 Bronx, NY 10453 Susan Been 77 Cameron Avenue 50 Rose M. Madden 44 Bay 37th Street #3 47 Staten Island, NY 10305 Brooklyn, NY 11214 Gina Bisogna 42 Jerome Road 50 George Rodriguez 2064 Cropsey Avenue 47 Staten Island, NY 10305 Brooklyn, NY 11214 Debra Vadola 334 Colony Avenue 50 Valentina Urintseva 445 Neptune Avenue #10B 47 Staten Island, NY 10306 Brooklyn, NY 11224 Serene M. Blascovich 150-19 61st Road 24 Joann McErlean 31 Hausman Street 33 Queens, NY 11367 Brooklyn, NY 11222 Roza Khaitova 86-03 144th Street 24 Mikaela Mihai 104-21 68th Drive #A13 29 Queens, NY 11435 Forest Hills, NY 11375 Carmen Bonilla 384 Central Avenue #6 34 Ramona Ramirez 246 West 116th Street #5C 9 Brooklyn, NY 11221 New York, NY 10026 Myrta R. Colon 31 Leonard Street #9G 34 Orquidea Rivera 3530 Rochambeau Avenue 11 Brooklyn, NY 11206 Bronx, NY 10467 John Buday 11 Windham Loop #111 51 Polina Smolianski 4596 Bedford Avenue 48 Staten Island, NY 10314 Brooklyn, NY 11235 Steven Gonzalez 14 Vanessa Lane 51 Yves Vitus 345 Lincoln Place #1D 35 Staten Island, NY 10312 Brooklyn, NY 11238 Linda H. Purnell 37 Arden Avenue 51 Staten Island, NY 10312 Jerome Daniel Burdi 8616 Fort Hamilton Pkwy 43 Brooklyn, NY 11209 On motion of the Speaker (Council Member Quinn), and adopted, the foregoing Mary Forestiere 7005 Louise Terrace 43 matter was coupled as a General Order for the day (see ROLL CALL ON Brooklyn, NY 11209 GENERAL ORDERS FOR THE DAY). Chantelle Headley 15 MacKay Place #3L 43 Brooklyn, NY 11209 Brunilda Rivera 902 72nd Street #3D 43 ROLL CALL ON GENERAL ORDERS FOR THE DAY Brooklyn, NY 11228 (Items Coupled on General Order Calendar) Lizbeth Ceballos 117 Post Avenue #3H 10 New York, NY 10034 (1) Int 66 -- Benefits pursuant to section four hundred Ramon A. Sosa 24 Laurel Hill Terrace 10 twenty-one-a of the real property tax law. New York, NY 10033 (2) Int 118-A -- Requiring the Mayor's office of operations to develop and disseminate a Sandra Cruz 1020 Tiffany Street 17 business owner's bill of rights. Bronx, NY 10459 (3) Int 123-A -- Surface areas of playgrounds and athletic Renee Reeves 750 Grand Concourse #1A 17 fields. Bronx, NY 10451 (4) L.U. 58 & Res 233 -- App. 20105348 HKX Dollar Savings Milagros Cruz-Javier 825 East 233rd Street 12 Bank located at 2792 Third Avenue, as a Bronx, NY 10466 historic landmark, Council District no. 17. Mary Y. Scheman 3866 Laconia Avenue 12 (5) L.U. 60 & Res 234 -- App. 20105349 HKM West Park Bronx, NY 10469 Presbyterian Church located at 165 West 86th Street, as a historic landmark, Donna Erdmann-Gruber 88-41 Doran Avenue 30 Council District no. 6. Glendale, NY 11385 (6) L.U. 74 & Res 235 -- App. 20105420 HAM, UDAAP, 167 Roslyn Liturri 59-16 60th Lane 30 West 129th Street, Council District no. 9 Queens, NY 11378 Borough of Manhattan. Karen Fowler 1132 East 104 Street 42 (7) L.U. 78 & Res 236 -- ULURP, app. C 100083 HAX, Brooklyn, NY 11236 UDAADP, 1087 East Tremont Avenue, Ernest Vasquez 596 Pine Street #2 42 and the disposition of such property, Brooklyn, NY 11208 Bronx, CD 15. Albert Gamin 53-11 Oceania Street 23 (8) L.U. 80 & Res 237 -- App. 20105301 TCM, The Irish Rogue, unenclosed sidewalk café located at 356 Queens, NY 11364 West 44th Street, Manhattan, CD 3. Edmund Golat, Jr. 93 Sawyer Avenue 49 (9) L.U. 84 & Res 238 -- App. 20105555 HAM, UDAAP, 420 East Staten Island, NY 10314 73rd Street, Council District no. 5, Sinai Halbertstam 1214 43rd Street 39 Borough of Manhattan. Brooklyn, NY 11219 (10) L.U. 88 & Res 239 -- App. 20105413 HKM (N 100247 HKM), Daniel R. Schaffer 414 2nd Street #4B 39 Yale Club, 30-32 West 44th Street, as a Brooklyn, NY 11215 historic landmark, Council District no.3. Mario Tesoriero 276 Carroll Street #B 39 (11) L.U. 89 & Res 240 -- App. 20105414 HKM (N 100248 HKM), Brooklyn, NY 11231 143 Allen Street House, 143 Allen Street, as a historic landmark, Council District Martha Degbameh 7400 Shorefront Pkwy #8K 32 no. 1. Queens, NY 11692 (12) L.U. 91 & Res 227 -- Lafayette Manor, 226 Fillmore Street, Joel A. Miele Sr. 162-35 99th Street 32 Staten Island, Council District No. 49, Queens, NY 11414 Section 422 of the Real Property Tax Vanessa Jones 249 Thomas Boyland Street 41 Law. #3K (13) L.U. 92 & Res 228 -- Navy Green, 136-50 Flushing Avenue, Brooklyn, NY 11233 Brooklyn, Council District No. 35, 696 of Raissa Kravchunas 310 Greenwich Street #360 1 the General Municipal Laws. CC22 COUNCIL MINUTES — STATED MEETING May 12, 2010

(14) L.U. 93 & Res 229 -- 112-114 Eldridge Street, Block 413, Lot 4, Manhattan, Council District No. 1, Section 577 of the Private Housing Finance Law. (15) L.U. 94 & Res 230 -- 28-30 Henry Street, Block 277, Lots 43 and 44, Manhattan, Council District No. 1, Section 577 of the Private Housing Finance Law. (16) L.U. 95 & Res 231 -- 58-62 Hester Street, Block 298, Lot 15, Council District No. 1, Section 577 of the Private Housing Finance Law. (17) L.U. 96 & Res 232 -- Council Towers VI Senior Housing, Block 6792 Lot: p/o1, Queens, Council District No. 24, Section 422 of the Real Property Tax Law.

(18) Resolution approving various persons Commissioners of Deeds.

COUNCIL MINUTES — STATED MEETING May 12, 2010 CC23

from Social Security.3 As of 2007, Social Security paid benefits to 86% of individuals aged 65 and older and to 89% of households in which the householder or The President Pro Tempore (Council Member Rivera) put the question whether 4 the Council would agree with and adopt such reports which were decided in the the householder’s spouse was 65 or older. Additionally, for 41% of senior recipients affirmative by the following vote: and 29% of senior households, Social Security accounted for more than 90% of total income in 2007.5

Social Security is also the largest single source of income among seniors with 69% receiving more than half of their income from Social Security in 2007.6 Affirmative – Arroyo, Barron, Brewer, Cabrera, Chin, Comrie, Crowley, Additionally, for 41% of senior recipients and 29% of senior households, Social Dickens, Dilan, Dromm, Eugene, Ferreras, Fidler, Foster, Garodnick, Gennaro, Security accounted for more than 90% of total income in 2007.7 One-third of people Gentile, Greenfield, Halloran, Ignizio, Jackson, James, Koo, Koppell, Koslowitz, aged 65 and less than one-half of senior households, received income from a private Lander, Lappin, Levin, Mark-Viverito, Mealy, Mendez, Nelson, Palma, Recchia, or public pension.8 Among seniors who reported income from a government Reyna, Rodriguez, Rose, Sanders, Seabrook, Ulrich, Vacca, Vallone, Jr., Van pension, the median pension income was $16,629 and those receiving private Bramer, Vann, Weprin, Williams, Oddo, Rivera, and the Speaker (Council Member pensions reported a median pension of $7,200.9 Quinn) – 49. New York City Seniors and Income Social Security is crucial towards keeping many New York seniors from The General Order vote recorded for this Stated Meeting was 49-0-0 as falling into poverty. In 1959, the poverty rate among Americans age 65 and older shown above with the exception of the votes for the following legislative items: was 35%.10 Fortunately, due to increases in Social Security benefits, the national elderly poverty rate fell to about 15% by 1975.11 Furthermore, the percentage of seniors in poverty nationwide has stayed steady at roughly 10% since the mid- 1990s.12 Despite the decrease in senior poverty over the last five decades, almost 3.6

million Americans age 65 and older had family incomes below the federal poverty The following was the vote recorded for LU No. 60 & Res No. 234: threshold in 2007.13 The current poverty threshold for individuals age 65 and older is $9,994 and $12,550 for a householder age 65 and older.14 Affirmative – Arroyo, Barron, Brewer, Cabrera, Chin, Comrie, Crowley, Older women are disproportionately impacted by poverty. This is largely Dickens, Dilan, Dromm, Eugene, Ferreras, Fidler, Foster, Garodnick, Gennaro, due to the result of a lifetime of lower wage earnings, absence from the labor market Gentile, Greenfield, Halloran, Jackson, James, Koppell, Koslowitz, Lander, Lappin, due to childbirth, and jobs that are less likely to have employer-sponsored retirement Levin, Mark-Viverito, Mealy, Mendez, Nelson, Palma, Recchia, Reyna, Rodriguez, plans.15 The poverty rate for women is almost double that of older men. Over 2.3 Rose, Sanders, Seabrook, Ulrich, Vacca, Vallone, Jr., Van Bramer, Vann, Weprin, million women over the age of 65 live at or below the poverty line, while slightly Williams, Oddo, Rivera, and the Speaker (Council Member Quinn) –47. over 1 million of older men live in poverty.16 Seniors of color are also more likely than their white counterparts to Negative – Ignizio and Koo – 2. experience poverty. Seniors of color are less likely than whites to receive private retirement benefits and are far less likely to have asset income, including interest on bank accounts and investments, dividends, rental income on property, and estates and trusts.17 However, many seniors of color have Social Security benefits which The following Introductions were sent to the Mayor for his consideration and raise their incomes above the poverty line.18 Despite the significant impact Social approval: Int Nos. 66, 118-A, and 123-A. Security has on seniors of color, 21% of African American seniors are living below the poverty line as well as 17% of Hispanic seniors and 12% of Asian seniors.19 There are three major sources of income for people 65 and older in New York City: 1) Social Security which is received by 85% of seniors comprising 38% of total income. 2) personal assets received by 47% seniors comprising 18.5% of For Introduction and Reading of Bills, see the material following the total income. 3) pensions, which are received by 25% of seniors, comprising 14% of Resolutions section below: total income.20 Social Security accounts for approximately 80 to 90% of income for people in the lowest two-fifth of the income spectrum, yet the current average Social Security benefit is $1,158.10 a month for a retired worker.21 Social Security is often RESOLUTIONS inadequate to cover the high cost of living in New York City and seniors who depend primarily on this benefit for income are vulnerable to poverty. Further, the Presented for voice-vote low incomes of the City’s senior population directly affect their ability to afford basic necessities such as housing, food, and healthcare cost. The following are the respective Committee Reports for each of the Resolutions referred to the Council for a voice-vote pursuant to Rule 8.50 of the The Social Security Cost of Living Adjustment (COLA) Council: Since 1975, the Social Security Act has directed that benefit increases for Social Security and SSI recipients be provided for by way of an automatic cost of living adjustment (COLA), tied to the inflation rate.22 The COLA is provided to recipients each year if there is an increase in the Bureau of Labor Statistics' Report for voice-vote Res. No. 7 Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from 23 Report of the Committee on Aging in favor of approving a Resolution calling the third quarter of the prior year to the third quarter of the current year. The upon the United States Congress to authorize a minimum $250 economic COLA increases a recipient’s benefit by an amount approximately equal to the annual COLA percentage increase. Prior to 1975, benefit increases were set by way stimulus payment for Social Security and Supplemental Security Income of federal legislation.24 beneficiaries to aid seniors and persons with disabilities during these difficult economic times given that there will be no automatic Social As a result of the economic downturn, Social Security and Supplemental Security cost of living adjustment in 2010. Security Income (SSI) beneficiaries will not receive a Cost of Living Adjustment (COLA) for 2010.25 There was no increase in the CPI-W from the third quarter of

2008 to the third quarter of 2009.26 As a result, there was no automatic COLA in 2010 for the first time since the automatic COLA went into effect in 1975.27 In light The Committee on Aging, to which the annexed resolution was referred on of the income needs of many seniors who depend on Social Security Benefits and February 3, 2010 (Minutes, page 203), respectfully COLAs, President Obama in October 2009 called on Congress to authorize a second $250 stimulus check for Social Security recipients, in order to partially offset the 28 REPORTS: impact on those who won’t receive a COLA. Resolution No. 7, which is being considered by the Committee, would call upon Congress to pass legislation that would authorize a one time $250 stimulus INTRODUCTION payment for Social Security beneficiaries in order to offset the loss of a COLA On Tuesday May 11, 2010, the Committee on Aging, chaired by Council increase this year. Jessica Lappin, will hold a vote on Resolution No. 7, which would call upon Congress to authorize a one-time $250 economic stimulus payment for Social Security and Supplemental Security Income beneficiaries in 2010. 1 Women’s Institute for a Secure Retirement: “Women and Social Security,”2008, available at http://www.wiserwomen.org/pdf_files/Women_and_SocialSecurity.pdf. BACKGROUND 2 Id. Social Security was established in 1935 to provide American workers with 3 Congressional Research Service (CRS) Report for Congress: “Income and Poverty Among protection from the total loss of wages when they retired.1 The program was Older amended in 1939 to pay benefits to spouses, widowed spouses, and children of Americans in 2007,” Updated October 2008, available at retired or deceased workers, and amended again in 1956 to provide benefits for http://assets.opencrs.com/rpts/RL32697_20081003.pdf workers with disabilities and their families.2 To date, it continues to be the most 4 Id. successful social program in the United States. Social Security is the largest single 5 Id. source of income among seniors with 69% receiving more than half of their income 6 Supra note, 3 CC24 COUNCIL MINUTES — STATED MEETING May 12, 2010

7 Id. Whereas, , In New York City 85% of seniors received Social Security in 2008 8 Id. and 403,299 New Yorkers received SSI in the same year; and 9 Id. Whereas, Social Security is often inadequate to cover the high cost of living in 10 Congressional Research Service (CRS) Report for Congress: “Income and Poverty Among New York City and seniors as well as persons with disabilities who depend Older Americans in 2007,” Updated October 2008, available at primarily on this benefit for income are vulnerable to poverty; and http://assets.opencrs.com/rpts/RL32697_20081003.pdf 11 Id. Whereas, President Obama has urged Congress to authorize a $250 stimulus 12 Id. payment to help offset the rising costs that Social Security beneficiaries are 13 I. experiencing due to the current economic climate; now, therefore, be it 14 U.S. Census: “Poverty Thresholds for 2007 by Size of Family and Number of Related Children Under 18,” available at http://www.census.gov/hhes/www/poverty/threshld/thresh07.html. Resolved, That the Council of the City of New York calls upon United States The term “householder” refers to the person (or one of the people) in whose name the housing unit Congress to authorize a minimum $250 economic stimulus payment for Social is owned or rented (maintained) or, if there is no such person, any adult member, excluding roomers, boarders, or paid employees. If the house is owned or rented jointly by a married couple, Security and Supplemental Security Income beneficiaries to aid seniors and persons the householder may be either the husband or the wife. The person designated as the householder is with disabilities during these difficult economic times given that there will be no the "reference person" to whom the relationship of all other household members, if any, is recorded. automatic Social Security cost of living adjustment in 2010. This definition is available at http://www.census.gov/population/www/cps/cpsdef.html. 15 Cawthorne, Alexandra: “Elderly Poverty: The Challenge Before Us,” Center for American Progress, July 30, 2008, available at http://www.americanprogress.org/issues/2008/07/elderly_poverty.html. JESSICA S. LAPPIN, Chairperson; GALE A. BREWER, VINCENT J. 16 Id. GENTILE, MARIA DEL CARMEN ARROYO, MELISSA MARK-VIVERITO, 17 Supra note, 4. JAMES VACCA, MARGARET S. CHIN, KAREN KOSLOWITZ, DEBORAH L. 18 Id. ROSE, DAVID G. GREENFIELD, PETER A. KOO, Committee on Aging, May 11, 19 Id. 2010. 20 Department for the Aging (DFTA): “Annual Plan Summary April 2010-March 2011,” September 2009, available at http://www.nyc.gov/html/dfta/downloads/pdf/annual_plan1011- Pursuant to Rule 8.50 of the Council, the President Pro Tempore (Council 09.pdf. 21 Member Rivera) called for a voice vote. Hearing no objections, the President Pro Id. Tempore (Council Member Rivera) declared Res. No. 7 to be adopted. 22 See Social Security Website http://www.ssa.gov/OACT/COLA/colasummary.html 23 Id. The Consumer Price Index (CPI) measures the average change over time in prices paid by Adopted unanimously by the Council by voice vote. urban consumers for a representative market basket of goods and services. The CPI-U and the CPI- W are the two most widely used indexes. The CPI-U (Consumer Price Index for Urban Wage Earners) represents the spending of 87 % of the population including the self-employed, unemployed, professionals, the poor and retired people. The CPI-W (Consumer Price Index for Urban Wage Earners and Clerical Workers) is a subset of the CPI-U population that derives more INTRODUCTION AND READING OF BILLS than half of their income from clerical or wage occupations. There is also a CPI-E (Consumer Price Index-Experimental), which captures the spending of persons age 62 and older. 24 Id. 25 Id. Int. No. 205 26 Id. By Council Members Arroyo, Foster and Vann (by request of the Mayor). 27 Id. In 2009, the COLA increase was 5.8%. 28 See Article, Jackie Calmes, “Obama Seeks $250 Check for Retirees and Veterans,” New York Times, October 15, 2009. A Local Law to amend the administrative code of the city of New York in relation to school nurses. Accordingly, this Committee recommends its adoption. Be it enacted by the Council as follows:

(The following is the text of Res. No. 7:) Section 1. Subdivisions b and c of section 17-187 of the administrative code of the city of New York, as added by local law number 57 for the year 2004, are amended to read as follows: b. Primary Schools. The department shall provide on a full-time basis at least Res. No. 7 one nurse at each public and private primary school which i) had at least [two] three Resolution calling upon the United States Congress to authorize a minimum hundred students enrolled on the last day of the second month of the preceding $250 economic stimulus payment for Social Security and Supplemental school year; ii) submits a written request to the department that such nurse be Security Income beneficiaries to aid seniors and persons with disabilities provided; and iii) maintains, pursuant to any rules promulgated by the commissioner, during these difficult economic times given that there will be no automatic an appropriate medical room wherein such nurse can carry out his or her nursing Social Security cost of living adjustment in 2010. duties. c. Intermediate Schools. The department shall provide at least one nurse, By Council Members Lappin, Vacca, Brewer, Dickens, Ferreras, Fidler, Foster, provided that a nurse has not been provided pursuant to subdivision b of this section, Gentile, James, Levin, Mealy, Palma, Sanders, Seabrook, Williams, Nelson, or public health advisor or school health service aide, as appropriate, at each public Arroyo, Rose, Van Bramer, White, Eugene and Vann. and private intermediate school which i) had at least [two] three hundred students enrolled on the last day of the second month of the preceding school year; ii) submits a written request to the department that such nurse or public health advisor or school Whereas, Social Security was established in 1935 to provide American workers health service aide be provided; and iii) maintains pursuant to any rules promulgated with protection from the total loss of wages when they retired and is the most by the commissioner, an appropriate medical room wherein such nurse or public successful and largest program to help prevent poverty in the United States; and health advisor or school health service aide can carry out his or her duties. Whereas, Social Security provides benefits to retirees, survivors of workers that §2. This local law shall take effect on July 1, 2010. have died, and persons with disabilities; and Whereas, The Supplemental Security Income (SSI) is designed to help aged, blind, and disabled persons, who have little or no income; and

Whereas, Currently there are over 57 million Americans that receive Social Security benefits, 90% of whom are age 65 and over, with persons with disabilities Referred to the Committee on Health. accounting for 18% of total benefits paid; and Whereas, The Social Security Act provides that Social Security and SSI benefits receive an automatic Cost of Living Adjustment (COLA) each year if there Int. No. 206 is an increase in the Bureau of Labor Statistics' Consumer Price Index for Urban By Council Members Arroyo, Comrie, Fidler, White and Jackson. Wage Earners and Clerical Workers (CPI-W) from the third quarter of the last year to the third quarter of the current year; and A Local Law to amend the administrative code of the city of New York, in Whereas, Since there was no increase in the CPI-W from the third quarter of relation to certain provisions of title 17 and to repeal subchapters 1 and 5 2008 to the third quarter of 2009 there will not be an automatic COLA in 2010 for of chapter 3, relating to permits for the sale or transfer of milk and milk the first time since the automatic COLA went into effect in 1975; and products and to medical records respectively. Whereas, Despite the decrease in the CPI-W, seniors and people with disabilities in New York City are facing rising costs for healthcare, housing, food, Be it enacted by the Council as follows: and transportation; and

Whereas, Social Security is the largest single source of income among persons age 65 and over, comprising 40% of their total income; and Section 1. Section 17-123 of chapter 1 of title 17 of the administrative code of COUNCIL MINUTES — STATED MEETING May 12, 2010 CC25

the city of New York is amended to read as follows: commence until three days after the filing of a missing person’s report by her family. §[17-123]17-124 Aliens. The commissioner may send to such place as he or she Despite the insistence of her family that her case was unusual and unique because may direct, all aliens and other persons in the city, not residents thereof, who shall her habits and patterns were be sick of any communicable disease. The expense of the support of such aliens or well known to them, the police did not immediately commence a search. This other persons shall be defrayed by the city, unless such aliens or other persons shall failure to search had tragic consequences; the young woman’s body was found only be entitled to support from the commissioner of immigration and naturalization of a few blocks from her home just one week after her she was reported missing. the United States. Information vital to Ms. Moore’s disappearance may have been recovered and she §2. Section 17-185 of chapter 1 of title 17 of the administrative code of the city may be alive today if such an investigation was launched upon notice of her of New York, as added by local law number 2 for the year 2004, is renumbered disappearance. section 17-196. Law enforcement officials acknowledge that the first 24 to 72 hours is crucial in §3. The heading of section 17-190 of chapter 1 of title 17 of the administrative locating a person who is missing; after that time, the prospects of locating a person code of the city of New York, as added by local law number 63 for the year 2005, is become dim. To ensure that the tragedy that befell Romona Moore does not occur added to read as follows: again, the Council finds that the age at which an immediate missing persons §17-190 Deaths of homeless persons and homeless shelter residents; report. investigation is required must be increased to 25, that the NYPD must consider whether an absence is inconsistent with a person’s usual patterns, habits and §4. Subchapter 1 of chapter 3 of title 17 of the administrative code of the city of schedule as known by family, friends and acquaintances, and that a missing persons New York is REPEALED. case must be referred to the NYPD’s Missing Person’s Squad after three days. §5. Subchapter 5 of chapter 3 of title 17 of the administrative code of the city of §2. Chapter 1 of title 14 of the administrative code of the city of New York is New York is REPEALED. amended by adding a new section 14-152 to read as follows: §6. This local law shall take effect ninety days after its enactment into law. §14-152. Missing Persons Investigations

a. This provision shall be known and may be cited as Romona Moore’s Law.

b. The New York City Police Department shall immediately investigate and/or Referred to the Committee on Health (preconsidered but laid over by the search, without any waiting period whatsoever, for persons who are New York City Committee on Health). residents, reported to be missing, and who are: i. under 26 years of age; or ii. mentally/physically impaired to the extent that hospitalization may be Int. No. 207 required; or By Council Members Arroyo and Jackson. iii. senile, retarded or disabled and not capable of self-care or clear communication; or A Local Law to amend the administrative code of the city of New York, to iv. 65 years of age or older; or repeal and reenact section 17-337 relating to air quality standards for v. missing under circumstances which constitute a unique/unusual case; or compressed air in underwater breathing tanks. vi. missing under circumstances indicating unaccountable or involuntary disappearance; or Be it enacted by the Council as follows: vii. a possible drowning victim. c. In determining whether a person is missing under circumstances indicating Section 1. Section 17-337 of chapter 3 of title 17 of the administrative code of unaccountable or involuntary disappearance, or in a unique or unusual case, the the city of New York, as added by local law number 14 for the year 1966 is police department shall, in addition to other factors, consider whether such an REPEALED and REENACTED to read as follows: absence is inconsistent with a person’s usual patterns, habits and schedule as known §17-337 Air quality standards for compressed air in underwater breathing by friends, acquaintances or family. tanks. Compressed air to be used in tanks for underwater breathing that are offered d. An immediate investigation or search is not required for persons wanted for for sale, sold, or distributed in the city of New York, shall, at a minimum, meet the crimes, or persons wanted on warrants, or persons eighteen years of age or older, air quality standards for grade e air of the compressed gas association publication who have left home voluntarily because of domestic, financial or similar reasons. “G-7.1-2004, commodity specification for air,” or a more stringent standard as may e. Upon receiving a missing persons report, the bureau within the New York be determined by the department. City Police Department that receives the report shall immediately notify the New §2. This local law shall take effect ninety days after its enactment into law. York City Police Department’s Missing Persons Squad. In addition, if the person is still missing after 72 hours, the bureau that received the report shall refer the case to the New York City Police Department’s Missing Persons Squad. Referred to the Committee on Health (preconsidered but laid over by the §3. This local law shall take effect thirty days after its enactment. Committee on Health).

Referred to the Committee on Public Safety.

Int. No. 208 By Council Members Barron, Foster, Mendez, Vann and Williams. A Local Law to amend the administrative code of the city of New York, in Int. No. 209 relation to the criteria used to determine when to launch an investigation By Council Member Crowley (by request of the Mayor). into the whereabouts of a missing person. A Local Law in relation to the removal or deactivation of fire department Be it enacted by the Council as follows: alarm boxes. Section 1. Legislative Intent and Findings. The City Council hereby finds and declares that the criteria used to determine when to commence an immediate Be it enacted by the Council as follows: investigation into the whereabouts of missing persons must be expanded. The circumstances surrounding the tragic and untimely death of Ms. Romona Moore, a Section 1. Notwithstanding any provision of any local law to the contrary, any 21-year old, bright and ambitious Hunter College student from Canarsie, fire department alarm box may be removed, deactivated or otherwise rendered demonstrate the necessity for this reform. unusable at the discretion of the mayor. Current police practice in the City of New York requires an immediate §2. This local law shall take effect immediately. investigation of a person reported missing who is (a) under 16 years of age; (b) 65 years of age or older; (c) mentally or physically impaired to the extent hospitalization is required; (d) senile, retarded or disabled and not capable of self- care or clear communication; (e) a possible victim of drowning; (f) absent in a Referred to the Committee on Fire and Criminal Justice Services. “unique/unusual” case; or (g) absent under circumstances indicating unaccountable or involuntary disappearance. If a person does not fit into one of these enumerated categories, an immediate investigation is not required. The New York City Police Department’s (NYPD) Missing Persons Squad is to be notified regarding the progress of the missing persons search within a reasonable time, which the NYPD Int. No. 210 defines as within four hours but no later than the end of the tour, but the case itself is By Council Members Crowley and Halloran (by request of the Mayor) not referred to this special unit until seven days have elapsed. The deficiencies in these immediate investigation criteria are reflected in A Local Law to amend the administrative code of the city of New York, in Romona Moore’s case. Ms. Moore did not fit within any of the categories of relation to establishing fees for certain probation services. persons enumerated in the NYPD’s Patrol Guide, and thus an investigation did not CC26 COUNCIL MINUTES — STATED MEETING May 12, 2010

Be it enacted by the Council as follows: fixtures shall be provided and shall be located as may be prescribed by the department, except where the distance from the fixture to the farthest intersecting wall does not exceed [twenty] fifteen feet. Section 1. Title 9 of the administrative code of the city of New York is amended by adding a new chapter 2 to read as follows: (2) If a fluorescent lighting fixture is provided, it shall be capable of providing illumination of at least four watts cool white fluorescent light per [twenty- Chapter 2 five] twenty square feet of floor area or fraction thereof. Each lighting fixture shall Department of Probation be provided with one or more lights of a total of not less than twenty watts. Where, § 9-201 Probation administrative fee. under this requirement, the number of watts per fixture would exceed forty, one or a. In accordance with section 257-c of the executive law, any individual more additional fixtures shall be provided and shall be located as may be prescribed currently serving or who shall be sentenced to a period of probation upon conviction by the department, except where the distance from the fixture to the farthest of any crime under article thirty-one of the vehicle and traffic law shall pay to the intersecting wall does not exceed [twenty] fifteen feet. department of probation an administrative fee of thirty dollars per month. (3) In every multiple dwelling hereafter erected, in addition to other lighting b. The provisions of subdivision six of section 420.10 of the criminal procedure requirements, a sufficient number of incandescent or fluorescent fixtures shall be law shall govern for purposes of collection of the administrative fee. provided so that the distance between fixtures is not more than thirty feet and so that c. The administrative fee authorized by this subdivision shall not constitute, nor no wall is more than fifteen feet distant from a fixture. be imposed, as a condition of probation. b. The department may approve electric lighting for public halls, stairs, fire d. The department of probation shall waive all or part of the administrative fee stairs and fire towers other than the incandescent and fluorescent lighting required in where, because of the indigence of the offender, the payment of the administrative subdivision a of this section if such other method of electric lighting provides fee would work an unreasonable hardship on the person convicted, his or her equivalent illumination, and meets the requirements of the electrical code. immediate family, or any other person who is dependent on such person for financial c. Notwithstanding any other requirement of this section, the department support. may require fixtures to be so located, and additional fixtures to be installed, in order e. In the event of non-payment of any fees that have not been waived by the to assure that every part of every public hall, stair, fire stair or fire tower is department of probation, the city of New York may seek to enforce payment in any adequately lighted. manner permitted by law for enforcement of a debt. §2. This local law shall take effect sixty days after enactment.. f. Monies collected pursuant to this section shall be utilized for probation services by the department of probation. Section 9-202 Investigation fee. Referred to the Committee on Housing and Buildings. a. In accordance with section 252-a of the family court act, when ordered by the court to conduct an investigation pursuant to section six hundred fifty-three of the family court act, the department of probation shall receive an investigation fee of not less than fifty dollars and not more than five hundred dollars from the parties in such proceeding for performing such investigation. Int. No. 212 b. Such investigation fee shall be determined by the court based on the party’s By Council Members Dilan, Foster, Koppell, Lappin, Rodriguez, Vann, Halloran, ability to pay the fee, and the schedule for payment shall be fixed by the court Koo, Nelson and Mark-Viverito. issuing the order for investigation, pursuant to the guidelines issued by the director of the New York state division of probation and correctional alternatives. A Local Law to amend the administrative code of the city of New York, in c. The court, in its discretion, may waive the investigation fee when the parties relation to training building inspectors. lack sufficient means to pay the fee. d. The court shall apportion the investigation fee between the parties based Be it enacted by the Council as follows: upon the respective financial circumstances of the parties and the equities of the case. Section 1. Article 103 of title 28 of the administrative code of the city of New e. Fees pursuant to this section shall be paid directly to the department of York, as added by local law number 33 for the year 2007, is amended by adding a probation to be retained and utilized for local probation services. new section 28-103.21 to read as follows: § 2. This local law shall take effect immediately, provided that the provisions of §28-103.21 Inspectors. The commissioner shall provide training and section 9-201 of the administrative code of the city of New York, as added by instruction to all persons appointed as inspectors on the interpretation and section one of this local law, shall apply to any individual currently serving or who application of the zoning resolution, building code, electrical code, other shall be sentenced to a period of probation and such fee shall become due and owing construction codes, multiple dwelling law and other related statutes, laws, rules and on the first day of the first calendar month occurring at least ninety days after the regulations, construction safety standards and fire safety practices. Inspectors effective date of this local law and thereafter on the first day of the calendar month, assigned or designated to inspect or monitor major building excavation, and provided further that the provisions of section 9-202 of the administrative code construction or demolition, as defined in chapter 33 of this code, shall also be of the city of New York, as added by section one of this local law, shall apply to an provided training and instruction in site safety standards which shall be equivalent investigation ordered by the court on or after the effective date of this local law. or superior to the 8-hour course requirement for those seeking a site safety coordinator certificate. Inspectors who perform inspections with respect to specialized activities including, but not limited to, activities related to the design, Referred to the Committee on Fire and Criminal Justice Services. erection, operation and dismantling of cranes, the manufacture and use of concrete and related structures, and the construction, operation and maintenance of

elevators, shall also be trained with respect to those specialized activities. Such training programs shall be periodically reviewed and revised to include any relevant changes to technology, equipment, construction techniques, laws or standards, as is applicable. Int. No. 211 §2. This local law shall take effect ninety days after its enactment. By Council Members Dilan, Chin, Comrie, Foster, Koppell, Koslowitz, Mendez, Rodriguez and Williams. Referred to the Committee on Housing and Buildings. A Local Law to amend the administrative code of the city of New York, in relation to increasing the wattage of electric lighting fixtures in certain public parts of multiple dwellings. Int. No. 213

By Council Members Eugene, Foster, Rodriguez and Williams. Be it enacted by the Council as follows:

A Local Law to amend the administrative code of the city of New York, in Section 1. Section 2038 of title 27 of the administrative code of the city of New relation to permissible parking at senior centers. York is amended to read as follows:

§27-2038 Electric lighting fixtures in certain public parts of dwellings; fixtures Be it enacted by the Council as follows: and lights required. a. In every multiple dwelling and tenant-occupied two-family dwelling, the owner shall provide electric lighting fixtures for every public hall, stair, fire stair and fire tower on every floor, in accordance with the following Section 1. Subchapter 2 of title 19 of the administrative code of the city of New requirements: York is amended by adding a new section 19-162.3 to read as follows: (1) If an incandescent lighting fixture is provided, it shall be capable of §19-162.3 Permissible parking at senior centers. (a) For the purposes of this providing illumination of at least ten watts per [twenty-five] twenty square feet of section “senior citizen center” shall mean a multi-purpose community facility with floor area or fraction thereof. Each lighting fixture shall be provided with one or regular operating hours and staff that provide a variety of health, social, nutritional, more lights of a total of not less than sixty watts. Where, under this requirement, the and educational services and recreational activities for senior citizens. number of watts per fixture would exceed one hundred, one or more additional COUNCIL MINUTES — STATED MEETING May 12, 2010 CC27

(b) Notwithstanding any local law, regulation or rule to the contrary, but subject to the provisions of the vehicle and traffic law, the department shall designate the roadway adjacent to the front entrance of a senior citizens center as a senior center parking area, solely for the use of any passenger vehicle owned, registered or leased by a senior citizen who attends a senior citizen center between Res. No. 219 the hours of 10:00 a.m. and 3:00 p.m. on days when such senior citizen center is Resolution calling on the New York State Senate to pass S.2244 and the New open for services and activities, provided that such vehicle displays an appropriate York State Assembly to pass companion bill A.9989, which would create a vehicle permit in accordance with the rules of the department. rehabilitation program of civic service, education, and job training to assist (c) For a senior citizen center where the department determines that it is not non-violent felony offenders reintegrate successfully into society. feasible to designate a parking area adjacent to the front entrance, the department shall designate a senior center parking area for senior citizens who attend such By Council Members Foster, Chin, Comrie, Dickens, Dromm, Fidler, Koppell, senior citizen center’s services at a distance no greater than one block from the Lander, Mark-Viverito, Mendez, Rodriguez, Vann and Williams. senior citizen center’s front entrance. (d) A senior center may petition the department for a time extension, no greater Whereas, According to the United States Department of Justice, in 2008, over than 2 hours for its senior center parking area at least two weeks before the date for 2.3 million people were incarcerated in federal or state prisons or in local jails; and which such extension is requested. Whereas, Nearly 650,000 people are released annually from incarceration to (e) The hearing officer shall dismiss any notice of violation issued to the owner communities nationwide; and of a passenger vehicle parked in a designated senior citizen center parking area Whereas, Studies show that between fifteen percent and twenty-seven percent upon receipt from the owner, in person or by mail, other suitable evidence showing of prisoners expect to go to homeless shelters upon release from prison; and compliance with the law, including evidence showing that the owner of such Whereas, Nearly two-thirds of all prisoners released from state prisons are passenger vehicle was a senior citizen and evidence of attendance by such senior at likely to be rearrested for a felony or serious misdemeanor within three years after a service or activity at a senior center. release; and §2 This local law shall take effect ninety days after its enactment into law. Whereas, Increased recidivism has profound collateral consequences, including public health risks, homelessness, unemployment, and disenfranchisement; and Whereas, Participation in state correctional education programs lowers the Referred to the Committee on Aging. likelihood of reincarceration by twenty-nine percent according to a United States Department of Education study; and Whereas, A significant number of people under correctional control have Res. No. 218 committed a nonviolent felony offense; and Resolution calling upon the Human Resources Administration to change its Whereas, Nonviolent felony offenders who complete their prison sentences or rules to allow Public Administrators to act as organizational friends. terms of probation or parole often find it difficult to reintegrate successfully into society because their records prevent them from securing employment and providing for their families; and By Council Members Fidler, Foster and Dickens. Whereas, S.2244, currently pending in the New York State Senate, and

companion bill A.9989, currently pending in the New York State Assembly, seek to Whereas, Veterans provide an invaluable service to the United States of reintegrate certain ex-offenders into society who have demonstrated the ability to America and its citizens; and live within the law; and Whereas, To show the respect and gratitude of the country’s citizens, veterans Whereas, S.2244/A.9989 seek to remove the stigma associated with a criminal who die while not on active duty are entitled to receive burial benefits, which conviction by permitting any eligible person, provided at least five years have include a gravesite with perpetual care at any of the national cemeteries that have passed since his or her completion of any sentence resulting from a conviction, and available space, a government headstone or marker, a burial flag and a Presidential provided that certain specified programmatic criteria are met, to apply to have all Memorial Certificate, at no cost to the family; and records relating to a covered prosecution or conviction sealed; and Whereas, Veterans of the United States Armed Forces, and their dependents, Whereas, Such an application for a sealed record must be made to the Second are eligible for burial in a Department of Veterans’ Affairs national cemetery Chance Commission, to be comprised of individuals appointed by the Governor, provided that the veteran was discharged under conditions other than dishonorable; Temporary President of the Senate, Speaker of the Assembly, and the New York and District Attorney's Association; and Whereas, If an indigent veteran dies in a Veterans’ Affairs hospital or under Whereas, Such sealed conviction, according to the terms of S.2244/A.9989, Veterans’ Affairs contracted home care, some or all of the costs for transporting the will not disqualify such person from engaging in any occupation, profession or decedent’s remains to a national cemetery may be reimbursed; and calling and will permit an individual to answer "no" to the question of whether he or Whereas, If an indigent veteran dies outside of a Veterans Affairs’ hospital or is she has ever been convicted of a felony or misdemeanor; and not under Veterans’ Affairs contracted home care, he or she would not qualify for Whereas, S.2244/A.9989 seek to establish “The Second Chance Program”, the transport benefit upon death, which results in some veterans, who are unclaimed which intends to give individuals who have been convicted of a nonviolent felony or at death, failing to be transported to a national veterans cemetery, even though they misdemeanor an opportunity to rebuild their lives without the stigma of a public are eligible to be buried there; and criminal record; and Whereas, The New York City Human Resources Administration is granted the Whereas, Individuals seeking to have their records sealed shall have complied power by the New York Social Services law to provide for the care, removal and with the Second Chance Program, which includes at least one year of public service, burial of the body of deceased indigent veterans who die in New York City; and the attainment of a GED or high-school diploma, and, where deemed necessary, the Whereas, The New York City Human Resources Administration allows either successful completion of an alcohol or substance treatment program; and individuals or organizations acting as an organizational friend to apply for funds to Whereas, Such a sealing of a criminal record would assist in securing cover the burial, including transportation costs, of indigent decedents; and employment and thus help graduates of the Second Chance Program to provide for a Whereas, The Office of the Public Administrator frequently administers the family as productive citizens of society; now, therefore, be it estates of indigent deceased, including indigent deceased veterans; and Whereas, The New York City Human Resources Administration specifically Resolved, That the Council of the City of New York calls on the New York excludes the Office of the Public Administrator from acting as an organizational State Senate to pass S.2244 and the New York State Assembly to pass companion friend permitted to apply for funds to cover the burial, including transportation costs, bill A.9989, which would create a rehabilitation program of civic service, education, of indigent decedents; and and job training to assist non-violent felony offenders reintegrate successfully into Whereas, Because the Office of the Public Administrator cannot seek funds society. from the Human Resources Administration, indigent deceased veterans are frequently buried at Hart Island, otherwise known as Potter’s Field; and Whereas, If the Human Resources Administration would allow Public Referred to the Committee on Fire and Criminal Justice Services. Administrators to act as organizational friends, indigent deceased veterans could be buried in a national cemetery, reflecting the honor owed to them for their sacrifice; now, therefore, be it Res. No. 220 Resolved, That the Council of the City of New York calls upon the Human Resolution calling on the Mayor of the City of New York to examine how the Resources Administration to change its rules to allow Public Administrators to act as City’s economic policies can be strengthened to address the disparate organizational friends. unemployment rate and joblessness of black New Yorkers which have increased due to the current recession.

Referred to the Committee on Veterans. By Council Members Foster, Chin, Comrie, Mendez, Rodriguez and Vann.

CC28 COUNCIL MINUTES — STATED MEETING May 12, 2010

Whereas, Throughout history, the unemployment rate and joblessness for (b) The surcharge imposed by subdivision (a) of this section shall be used to pay Blacks have been higher than for Whites; and for the costs associated with obtaining, operating and maintaining the Whereas, Unemployment figures capture individuals available for and actively telecommunication equipment and telephone services needed to provide an enhanced seeking work during the survey period and joblessness reflects individuals who are 911 emergency telephone system to [service] serve the city of New York. completely detached from the labor market, no longer seeking employment upon the (c) All [telephone] service suppliers [which] that provide local access service belief that opportunities do not exist; and within the 911 service area in the city of New York shall begin to add the monthly Whereas, According to a report released by the former New York City surcharge of one dollar per telephone access line per month as provided in Comptroller William Thompson, the unemployment rate in New York City will subdivision (a) of this section to all service bills no later than the forty-fifth day after reach 9.5 percent by 2010, leaving 400,000 New Yorkers jobless; and the effective date of the local law that increased such surcharge to one dollar per Whereas, The same report indicates that from the first quarter of 2008 to the telephone access line per month. Notwithstanding the foregoing sentence, all first quarter of 2009, Black unemployment in New York City rose four times faster providers of voice over internet protocol service that provide such service within the than for any other group; and 911 service area shall begin to add the monthly surcharge of one dollar per telephone access line, or equivalent, per month as provided in subdivision (a) of this Whereas, During the same time period, the Comptroller report indicates that section to all service bills no later than the forty-fifth day after the effective date of Black unemployment in the City rose from 5.7 percent to 14.7 percent, an increase the local law that added this sentence. of 167 percent, while White unemployment went up less than 1 percentage point from 3.0 percent to 3.7 percent; and § 3. Subdivision (b) of section 11-2324 of the administrative code of the city of New York, as added by local law number 94 for the year 1991, is amended to read Whereas, Data of the Community Service Society indicates that among the job as follows: sectors hardest hit by the recession are construction, manufacturing, and the retail trade, fields where many low-wage, Black workers have historically found work; (b)No such surcharge shall be imposed upon: and (1)more than seventy-five exchange access lines per customer per location; Whereas, Government jobs have traditionally been a source of stable work for (2)any lifeline customers of a local telephone service supplier; [or] Black New Yorkers, but falling tax revenue has forced the City to cut back on its (3)[the access lines of the] a public safety agency; or budget, impacting the number of jobs available and in some cases resulting in (4)any municipality, as defined in subdivision (e) of section 11-2322 of this layoffs; and chapter. Whereas, Advocates indicate that unemployment statistics mask the real extent § 4. Subdivision (a) of section 11-2326 of the administrative code of the city of of the problem because the government does not count as unemployed those people New York, as added by local law number 94 for the year 1991, is amended to read who have given up looking for work after the administration of the prior as follows: unemployment survey, which is conducted every month, nor does it include those (a) Each service supplier customer who is subject to the provisions of this who are long-time jobless; and chapter shall be liable to the city for the surcharge until it has been paid to the city, Whereas, Factors contributing to unemployment and joblessness include except that payment to a service supplier is sufficient to relieve the customer from education background and accessibility to training and retooling opportunities; and further liability for such surcharge. Whereas, Although the City has some policies in place to address § 5. Subdivision (b) of section 11-2327 of the administrative code of the city of unemployment and joblessness factors in the City, such policies should be New York, as added by local law number 94 for the year 1991, is amended to read strengthened and expanded to specifically address skyrocketing Black as follows: unemployment rates; now, therefore, be it (b) If at the end of any fiscal year the total amount of all such revenues exceeds the amount necessary [and expended] for payment of system costs in such fiscal Resolved, That the Council of the City of New York calls upon the Mayor of year, such [unencumbered cash surplus] excess shall be reserved and carried over for the City of New York to examine how the City’s economic policies can be the payment of system costs in the following fiscal year. However, if at the end of strengthened to address the disparate unemployment rate and joblessness of black any fiscal year such [unencumbered cash surplus] E911 reserved fund balance New Yorkers which have increased due to the current recession. exceeds an amount equal to five per cent of that necessary for the payment of system costs in such fiscal year, the council shall by local law reduce the surcharge for the following fiscal year to a level [which] that more adequately reflects the system cost requirements of its E911 system. The council may also reestablish or increase such Referred to the Committee on Civil Service and Labor. surcharge, subject to the provisions of section three hundred three of the county law, if the revenues generated by such surcharge and by any other source are not Int. No. 214 adequate to pay for system costs. By Council Members Garodnick and Vann (by request of the Mayor). § 6. This local law shall take effect 10 days after it shall have become a law, provided, however, that the commissioner of finance may, prior to such date, take A Local Law to amend the administrative code of the city of New York, in any actions necessary to implement this local law on such date. relation to the enhanced 911 emergency telephone system surcharge.

Be it enacted by the Council as follows: Referred to the Committee on Technology.

Section 1. Section 11-2322 of the administrative code of the city of New York, as added by local law number 94 for the year 1991, is amended by adding new subdivisions (f) and (i) and amending existing subdivisions (f) and (g) to read as Int. No. 215 follows: By Council Member Gentile. (f) “Public safety agency” means a public safety agency as defined in subdivision five of section three hundred one of the county law. [(f)](g) “Service supplier” [means a telephone corporation which provides local A Local Law to amend the administrative code of the city of New York, in exchange access service within the 911 service area] means a service supplier as relation to solid waste collections. defined in subdivision seven of section three hundred one of the county law that provides service within the 911 service area. Be it enacted by the Council as follows: [(g)](h) “System costs” means the costs associated with obtaining and maintaining the telecommunication equipment, all operations and maintenance costs Section 1. Chapter one of title 16 of the administrative code of the city of New and the telephone services costs necessary to establish and provide an E911 system. York is amended by adding a new section 16-120.2 to read as follows: (i) “Voice over internet protocol service” or “VOIP service” shall mean any § 16-120.2 Weekly solid waste and recycling collections. Whenever a regularly service that (i) enables real-time, two-way voice communications; (ii) requires a scheduled solid waste or recycling collection is not made by the department due to broadband connection from the user’s location; (iii) requires internet protocol the observance of a holiday, the solid waste or recyclable material not collected compatible customer premises equipment (CPE); and (iv) permits users generally to because of such observance must be collected within forty-eight hours of the receive calls that originate on the public switched telephone network and to department resuming regularly scheduled collections. Such collection shall not terminate calls to the public switched telephone network. result in alterations of regularly scheduled solid waste and recycling collections § 2. Section 11-2323 of the administrative code of the city of New York, except that such collections may be made within twenty-four hours after their subdivisions (a) and (c) as amended by local law number 16 for the year 2002 and normally scheduled collection time. subdivision (b) as added by local law number 94 for the year 1991, is amended to §2. This local law shall take effect immediately. read as follows: § 11-2323 Establishment of surcharge for E911 system. (a) In accordance with the provisions of article six of the county law, as amended, there is hereby Referred to the Committee on Sanitation and Solid Waste Management. established a surcharge of one dollar per telephone access line, or equivalent, per month on the customers of every [telephone] service supplier within the city of New York. Int. No. 216 COUNCIL MINUTES — STATED MEETING May 12, 2010 CC29

By Council Members Gentile, Foster, Mendez, Vann and Williams. By Council Members James, Lander, Chin, Dickens, Dromm, Ferreras, Foster, Gentile, Koppell, Mark-Viverito, Nelson, Rodriguez, Sanders, Vann, White, A Local Law to amend the New York city charter, in relation to accepting Williams, Crowley, Van Bramer and Levin. Metropolitan Transportation Authority’s Access-A-Ride identification cards and reduced-fare MetroCards with additional official proof of A Local Law to amend the administrative code of the city of New York, in address of New York City residency for the purpose of proving the identity relation to requiring the Department of Homeless Services to refer and residency of applicants for New York City Disability Parking Permits. individuals and families whose section 8 vouchers were revoked to the New York City Housing Authority for priority placement in public housing Be it enacted by the Council as follows: apartments.

Section 1.Paragraph 15 of subdivision a of section 2903 of the New York city Be it enacted by the Council as follows: charter is amended by adding a new subparagraph f to read as follows: (f)Notwithstanding the provisions of any other law, rule or regulation, the Section 1. Declaration of legislative findings and intent. In December 2009, the commissioner shall accept a New York state-issued identification card, a New York New York City Housing Authority (“NYCHA”) stopped issuing federal Section 8 state driver’s license, a metropolitan transportation authority access-a-ride vouchers and revoked the vouchers of individuals and families who had not identification card or a metropolitan transportation authority reduced-fare completed the steps necessary to activate their vouchers. NYCHA’s action affected metrocard for the purpose of proving the identity and residency of applicants for the approximately 2,600 people in need of housing, including homeless individuals and New York city special vehicle identification parking permit; provided that any families, domestic violence victims, youth aging out of foster care, and intimidated person submitting a metropolitan transportation authority access-a-ride witnesses. Yet according to NYCHA, as of February 2010, over 850 public housing identification card or a metropolitan transportation authority reduced-fare apartments were vacant and ready to be occupied. metrocard must also submit proof of New York city residency. The department shall The Council finds that the City has an obligation to locate permanent, affordable accept a current utility bill as proof of residency. housing as quickly as possible for those who were promised and received section 8 § 2. This local law shall take effect immediately. vouchers that were later rescinded. According to the individuals and families who are impacted by the revocation, advocates, and other members of the community, many of the 2,600 affected have not received assistance from the City in obtaining such permanent and affordable housing, and are already homeless or are on the Referred to the Committee on Transportation. verge of homelessness. Moreover, some of those in need of assistance participated in one of the Department of Homeless Services’ (“DHS”) Advantage New York programs. Accordingly, the Council finds that it is necessary to require the DHS to refer the individuals and families whose section 8 vouchers were rescinded to NYCHA, for priority placement in public housing apartments. Res. No. 221 §2. Chapter 3 of title 21 of the administrative code of the city of New York is Resolution calling upon the United States Congress to pass legislation which amended by adding a new section 21-316 to read as follows: would require the U.S. State Department to distribute to the City of New York withheld foreign aid funds equivalent to unpaid diplomatic parking §21-316. Referrals to public housing apartments. The commissioner shall refer fines owed to the City. an individual or family to a public housing apartment operated by the New York city housing authority for priority placement if the following conditions are met:

a. the individual or family received or is currently receiving services from the By Council Members Gentile, Chin, Dickens, Fidler, Foster, Mendez, Nelson and Sanders. department and/or one of the department’s contracted service providers; and b. as of December 30, 2009, the individual or family completed the federal section 8 housing choice voucher program application process and was issued a Whereas, According to a recent study released by Representative Anthony section 8 voucher, but had not yet moved into a section 8 eligible apartment; and Weiner (D-NY), foreign governments currently owe the City of New York $18 million in parking fines accrued by diplomats; and c. the individual or family received written notice from the New York city housing authority dated December 30, 2009, stating that the New York city housing Whereas, The study also reveals that approximately 85% of countries that owe authority would not accept the individual or family’s rental package or provide money to New York City for unpaid parking violations also receive foreign aid from section 8 assistance; and the United States government; and d. the individual or family is eligible for New York city housing authority public Whereas, In 2001, Congress passed legislation to withhold foreign aid to housing, as determined by the New York City housing authority. countries in amounts equivalent to their outstanding parking fines; and §3. This local law shall take effect immediately. Whereas, The current law allows the U.S. State Department to move withheld funds to other programs rather than using such funds to pay down the debt owed to the City; and Whereas, H.R. 4457, sponsored by Representative Anthony Weiner (D-NY), Referred to the Committee on General Welfare. was introduced on January 13, 2010, and would require the U.S. State Department to use the withheld funds to pay New York City directly; and Whereas, Under H.R. 4457, once New York City receives payment from the Int. No. 218 U.S. State Department, the parking violations would be considered fully adjudicated By Council Members Koppell, Chin, Comrie, Fidler, Foster Gentile, Lander, Nelson and the City’s right to pursue collection of the diplomatic parking fines through any and Sanders. other method would be waived; and

Whereas, Currently, there is no Senate companion bill to H.R. 4457; and A Local Law to amend the administrative code of the city of New York, in Whereas, For many years, New York City has been unable to collect from relation to idle reduction technology in ambulances. countries that owe millions of dollars in parking violations; and Whereas, Passing legislation that would enable New York City to receive the money owed by these countries is especially important during these harsh economic Be it enacted by the Council as follows: times; and Whereas, The City is currently faced with the difficult decision of making Section 1. Subchapter seven of chapter one of title 24 of the administrative code severe cuts to essential services and programs that New Yorkers depend on; and of the city of New York is amended to add a new section 24-163.8 to read as follows: Resolved, That the Council of the City of New York calls upon the United §24-163.8 Use of verified idle reduction technology in ambulances. a. For the States Congress to pass legislation which would require the U.S. State Department to purposes of this section, the following terms shall be defined as follows: distribute to the City of New York withheld foreign aid funds equivalent to unpaid (1) “Auxiliary power unit” shall mean a device containing an engine certified diplomatic parking fines owed to the City. by the United States environmental protection agency that supplies cooling, heating, and electrical power to trucks and other vehicles while the engine is turned off in order to reduce emissions from such vehicles. Referred to the Committee on Cultural Affairs, Libraries & International (2) “Verified idle reduction technology” shall mean technology, including but Intergroup Relations. not limited to, an auxiliary power unit, that has been verified by the United States environmental protection agency and allows the engine of a vehicle to be turned off while still providing services to the vehicle or equipment, such as heating or cooling

of the cabin and which reduces tailpipe emissions from diesel fuel-powered vehicles.

b. Each ambulance acquired by the city or by any 911 participating ambulance Int. No. 217 service provider after the enactment of this law shall be equipped with verified idle reduction technology upon acquisition or within six months after acquisition. CC30 COUNCIL MINUTES — STATED MEETING May 12, 2010

§2. This local law shall take effect one hundred and twenty days after it is multiple dwelling unit in one of the following amounts: enacted. (i) where such owner purchases and installs a grab bar within the tub area requiring anchoring by screws or toggles where there is no removal of surface tiles or surrounding facade, an amount not to exceed two hundred fifty dollars; or Referred to the Committee on Environmental Protection. (ii) where such owner purchases and installs a grab bar requiring anchoring that entails the removal and replacement of surrounding surface tiles and or facade, an amount not to exceed four hundred dollars; or (iii) where such owner purchases and installs a grab bar requiring anchoring Int. No. 219 that entails the removal and replacement of surface lines and underlayment behind the removed tiles, an amount not to exceed eight hundred dollars By Council Members Koppell, Foster, Mendez, Rodriguez, Williams and Nelson. c. Notwithstanding the provisions of subdivision b of this section, no abatement of real property taxes in accordance with this section may exceed the actual cost to A Local Law to amend the administrative code of the city of New York, in the eligible owner of the purchase and installation of such grab bar. relation to requiring protective devices for seniors and persons with a d. Any application for the real property tax abatement provided for in this disability who reside in multiple dwellings. section shall be submitted in such manner and in such form as shall be established by the commissioner by rule. Be it enacted by the Council as follows: §3.This local law shall take effect ninety days after enactment , provided, however, that the commissioner of housing preservation and development and the Section 1.Article 11 of subchapter 2 of chapter 2 of title 27 of the administrative commissioner of finance shall take such actions as are necessary for the code of the city of New York is hereby amended by adding a new section 27-2046.3 implementation of this local law, including the promulgation of rules, prior to such to read as follows: effective date. §27-2046.3Protective devices for senior citizens and persons with a disability; notification to tenants. a. It shall be the duty of the owner, lessee, agent or other person who manages or controls a multiple dwelling to: Referred to the Committee on Housing and Buildings. 1. provide, install and maintain in a safe manner grab bars on the walls of shower and bathtub stalls and adjacent to each toilet or water closet in each residential unit when requested by a senior citizen or tenant residing therein who is a person with a disability, or by a tenant residing therein with a senior citizen or Int. No. 220 person with a disability; By Council Members Lappin, Comrie, Mendez, Nelson and Vann. 2. provide, install and maintain in a safe manner treads on the floors of showers and bathtub stalls in each residential unit when requested by a senior A Local Law to amend the administrative code of the city of New York in citizen or tenant residing therein who is a person with a disability, or by a tenant relation to establishing a survey division within the Landmarks residing therein with a senior citizen or person with a disability; and Preservation Commission. 3. cause to be delivered to each residential unit a notice advising occupants of the obligation of such owner, lessee agent or other person who manages or controls Be it enacted by the Council as follows: a multiple dwelling to install the protective devices referred to in paragraphs 1 and 2 of this subdivision at no cost to the tenants. Such notice must be provided on an Section 1. Subdivisions a through k of Section 25.303 are hereby relettered as annual basis in a form and manner approved by the department. subdivisions b through l, and a new subdivision a is added, to read as follows: b. The department shall promulgate such rules as it deems necessary to comply a. For the purpose of effecting and furthering the protection, preservation, with the provisions of this section with regard to the annual notice to tenants, and enhancement, perpetuation and use of landmarks, interior landmarks, scenic the safety standards and maintenance of the protective devices required by this landmarks and historic districts, the commission shall establish and maintain a section. survey division with staff who shall have the responsibility to conduct periodic and ongoing assessments of improvements, exterior architectural features, interiors, c. Any person who violates the provisions of this section, or the rules interior architectural features, landscape features or other features or promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up improvements which have a special character or special historical or aesthetic to five hundred dollars or imprisonment for up to six months or both. In addition, interest or value or represent one or more periods or styles of architecture typical such person shall also be subject to a civil penalty of not more than five hundred or one or more eras in the history of the city, and to recommend to the commission dollars per violation. designations of landmarks, interior landmarks, scenic landmarks and historic d. As used in this section, the following terms shall have the following districts based on such assessments. meanings: §2.This local law shall take effect immediately. 1. “Senior citizen” shall mean a person who is at least sixty years of age; and

2. “Person with a disability” shall mean an individual who provides Referred to the Committee on Land Use. documentation indicating that he or she is recognized by any city, state or federal authority or agency as having a disability which impedes vision or mobility, or who provides medical evidence indicating that he or she has a disability impeding vision or mobility. Int. No. 221 §2. Part 1 of subchapter 2 of chapter 1 of title 11 of the administrative code of the city of New York is amended by adding a new section 11-245.9 to read as By Council Members Lappin, Brewer, Chin, Foster, Gentile, Lander, Mendez, follows: Nelson, Rodriguez, Sanders, Van Bramer, Williams and Koo. §11-245.9 Tax abatement for the installation of grab bars. a. For the purposes of this section, the following terms shall have the following meanings: A Local Law to amend the administrative code of the city of New York, in 1. “Person with a disability” shall mean an individual who provides relation to requiring owners to notify tenants of unsafe conditions of documentation indicating that he or she is recognized by any city, state or federal exterior walls of buildings. authority or agency as having a disability which impedes vision or mobility, or who provides medical evidence indicating that he or she has a disability impeding vision Be it enacted by the Council as follows: or mobility which would entitle him or her to receive the protective devices referred to in paragraphs 1 and 2 of subdivision a of section §27-2046.3 of this code. Section 1. Section 28-302.3 of chapter three of title 28 of the 2. "Eligible owner" means a person who does not reside in a residential unit administrative code of the city of New York as added by local law number 33 for the and installed grab bars on the walls of shower and bathtub stalls and adjacent to year 2007, is amended to read as follows:: each toilet or water closet in each residential unit upon a request by a senior citizen §28-302.3 Immediate notice of unsafe condition. Whenever a registered or person with a disability residing therein or by a tenant residing therein with a design professional learns of an unsafe condition through a critical examination of a senior citizen or person with a disability; and building’s exterior walls and appurtenances thereof, such person shall notify the 3. "Multiple dwelling unit" means a dwelling unit in a building in which there is owner and the department immediately in writing of such condition. Upon such either rented, leased, let or hired out to be occupied, or is occupied as the residence notification, the owner shall immediately notify the occupants of the building of any or home of two or more occupants living independently of each other. unsafe condition by affixing a notice describing each unsafe condition in a conspicuous location in the lobby area of the building which notice shall remain 4. “Senior citizen” shall mean a person who is at least sixty years of age; until each unsafe condition is corrected. Notice to occupants shall also be given in b. For fiscal years beginning on and after the first of July, two thousand ten, an at least one additional manner as shall be established by the commissioner by rule. eligible owner of a multiple dwelling unit shall be eligible to receive an abatement of §2. This local law shall take effect ninety days from enactment, provided taxes imposed on such multiple dwelling unit for each grab bar installed in such COUNCIL MINUTES — STATED MEETING May 12, 2010 CC31

however, that the commissioner of buildings shall promulgate any rules and perform enactment. all other actions necessary for the implementation of this local law prior to such effective date Referred to the Committee on Housing and Buildings.

Referred to the Committee on Housing and Buildings.

Int. No. 224 Int. No. 222 By Council Member Mendez, The Speaker (Council Member Quinn), and Council By Council Members Lappin, Lander, Brewer, Chin, Comrie, Mendez, Van Bramer Members Brewer, Chin, Dromm, Fidler, Foster, Koppell, Koslowitz, Lander, and Williams. Lappin, Mark-Viverito, Nelson, Rodriguez, Sanders, Vann, Williams, Gennaro and Koo. A Local Law to amend the administrative code of the city of New York, in relation to timely consideration of Requests for Evaluation (RFEs) by the A Local Law to amend the administrative code of the city of New York, in Landmarks Preservation Commission. relation to the establishment of a pilot program for the remediation of mold and vermin conditions in certain multiple dwellings. Be it enacted by the Council as follows: Be it enacted by the Council as follows: Section 1. Section 25-303 of the administrative code of the city of New York is amended by adding a new subdivision 1 to read as follows: Section 1. Subchapter five of chapter two of title twenty-seven of the 1. Every Request for Evaluation (RFE) proposing a property for landmark administrative code of the city of New York is amended by adding a new article designation shall be submitted to the commission’s RFE committee within 120 days eleven to read as follows: of receipt thereof, and all RFE committee recommendations, whether positive or ARTICLE 11 negative, shall be reported promptly on the record to the full commission. MOLD AND VERMIN REMEDIATION PILOT PROGRAM §2. This local law shall take effect immediately. §27-2154. a. Mold and vermin remediation pilot program. No later than January first, two thousand eleven, the department, in conjunction with the department of health and mental hygiene, shall initiate a mold and vermin Referred to the Committee on Land Use. remediation pilot program and shall implement such program for a period of eighteen months to be followed by a three-month evaluation period. Notwithstanding any other provision of law, the departments shall remediate mold and vermin conditions pursuant to such pilot program, and enforce violations of this Int. No. 223 code, the multiple dwelling law and the health code of the city of New York as By Council Members Lappin, Chin, Ferreras, Foster, Koppell, Lander, Mendez, follows: Rodriguez, Garodnick, Sanders, Williams, Rose, Brewer, Van Bramer, Jackson b. The departments shall identify at least one hundred and seventy-five and Lappin, . different multiple dwellings for participation in the mold and vermin remediation pilot program which shall at a minimum include multiple dwellings with at least six A Local Law to amend the administrative code of the city of New York, in but no more than twenty dwelling units, multiple dwellings with at least twenty-one relation to requiring public parking garages to install pedestrian warning but no more than fifty dwelling units and multiple dwellings with at least fifty-one devices at parking garage exits. dwelling units where such multiple dwellings have in each category, respectively, the highest number of open hazardous and immediately hazardous violations of the Be it enacted by the Council as follows: housing maintenance code and multiple dwelling law issued by the department or health code violations of record which were issued by the department of health and mental hygiene related to the accumulation of water; mold; the accumulation of Section 1. Section BC 406 of the building code of the city of New York, as rubbish and vermin or rodent infestation. The departments may establish additional added by local law number 33 for the year 2007, is amended by adding a new criteria by rule to identify multiple dwellings for inclusion in the program which may subsection 406.2.3.8 to read as follows: include, but shall not be limited to: (i) the number of dwelling units affected by such 406.2.3.8 Pedestrian warning devices. For purposes of this subsection only, violations, (ii) the likelihood that such violations would be amenable to correction the following terms shall have the following meanings: through intervention by the department and the department of health and mental (1) “Exit” means any point of egress for a motor vehicle that requires such hygiene on a multiple dwelling-wide basis, (iii) the general physical condition of a motor vehicle to cross a sidewalk. multiple dwelling and (iv) whether a multiple dwelling is the subject of any (2) “Pedestrian warning device” means any device or system consisting of a enforcement or remediation program or action of either such agency. mechanism that detects a motor vehicle as it approaches a public parking garage c. Notwithstanding the criteria set forth in subdivision b of this section or exit to depart therefrom and activates (i) a flashing yellow light positioned at the established by the department pursuant to that subdivision, a multiple dwelling that exterior of such exit which is visible to pedestrians and (ii) an audible warning is currently the subject of an in rem foreclosure action by the city, that was the signal consisting of an intermittent sound not exceeding 70 dB(A) measured at, or subject of an in rem foreclosure judgment in favor of the city and that was adjusted to, a distance of ten feet from such exit; provided that such device shall not transferred by the city to a third party pursuant to section 11-412.1 of the be activated for any period of time in excess of ten seconds after the activating administrative code of the city of New York within the prior five years, that is the vehicle has cleared the exit, except as the audible warning signal may be activated subject of a court order appointing an administrator or a proceeding brought by the by another motor vehicle exiting the public parking garage. department seeking the appointment of an administrator pursuant to article 7-A of (3) “Public parking garage” means any parking garage for which a license or the real property actions and proceedings law, that is the subject of a vacate order other authorization is required and is legally authorized for the housing, storage or issued by the department or any other city agency, or that has not been discharged parking of twenty or more motor vehicles, for which compensation is directly or from the alternative enforcement program pursuant to section 27-2153 of this indirectly provided for the housing, storage or parking of a motor vehicle provided subchapter shall not be included in the pilot program established pursuant to this that such term shall not include uncovered or outdoor parking areas. section. 406.2.3.8.1 All owners of public parking garages shall ensure the installation at d. The department shall by January 1, 2011 provide written notification to each exit therefrom of: (1) a pedestrian warning device; (2) a stop sign; (3) the the owner of any multiple dwelling identified for participation in the mold and following notice in a manner that is legible and conspicuous to operators of exiting vermin remediation pilot program, the occupants of such multiple dwelling and the motor vehicles: “ LOCAL LAW REQUIRES VEHICLES TO YIELD THE RIGHT OF council member in whose district the multiple dwelling is located, that such multiple WAY TO PEDESTRIANS ON SIDEWALKS”; and (4) the following notice in a dwelling is subject to the requirements of such pilot program and the requirements manner that is legible and conspicuous to pedestrians: “CAUTION: EXITING of this article. VEHICLES,” provided that such notice is installed at the exterior of each such exit. e. The department shall establish a process to provide the occupants of 406.2.3.8.2 In addition to the requirements set forth in subsection 406.2.3.8.1 of multiple dwellings participating in the mold and vermin remediation pilot program this section, the owner of a public parking garage shall also be required to paint in and council members within whose districts such multiple dwellings are located with a bright shade of red each curb cut and the curb extending two feet in either information regarding the status of the multiple dwelling during its participation in direction from such curb cut from which motor vehicles exiting such garage access such program. the adjacent roadway. f. The owner of a multiple dwelling that is identified for participation in the 406.2.3.8.3 A violation of this section shall be punishable by a civil penalty of mold and vermin remediation pilot program shall correct the existing violations of two hundred and fifty dollars for each such violation. this code, the multiple dwelling law and the health code of the city of New York related to the accumulation of water; mold; the accumulation of rubbish; and §2. This local law shall take effect one hundred and eighty days after vermin or rodent infestation in such multiple dwelling no later than three months CC32 COUNCIL MINUTES — STATED MEETING May 12, 2010

after written notification by the department pursuant to subdivision d of this section, the making of such repairs in which case the repairs related to the portion of the provided, however, that the original correction date for any violation issued in such multiple dwelling to which access could not be obtained may be delayed until access multiple dwelling shall not be deemed to be changed or postponed by such is obtained; the inability to obtain necessary legal approvals, materials or labor; for notification. Nothing in this subdivision shall preclude the department from so long as there is ongoing litigation with respect to the multiple dwelling that determining after such identification that the provisions of subdivision h may be prevents such work from being performed by the department; the owner undertakes immediately implemented. Where such owner believes that such violations have been the repair work in a manner that is satisfactory to the department; or the corrected, such owner shall request a reinspection of such violations for dismissal commencement or completion of the work is not practicable because a vacate order by the department. The process to request a reinspection and dismissal of such has been issued by the department or any city agency and the cost of performing violations shall be prescribed in rules promulgated by the department. The work necessary for restoring the multiple dwelling pursuant to the order is department shall perform a reinspection within sixty days of receipt of a request for economically infeasible; and (3) monitor repair work as it is performed in such reinspection by the owner and upon completion of such reinspection the accordance with subdivision j of this section. For the purposes of this subdivision, department shall assess whether such owner has substantially complied with the “economically infeasible” shall mean a determination by the department that the requirements of this subdivision. The department shall issue a notice of violation for cost of repairing a particular multiple dwelling exceeds the anticipated market value any new violation observed in the course of such reinspection. After completion of of such multiple dwelling after all repairs have been completed. such reinspection, the department shall within twenty days provide a written i. The department or the department of health and mental hygiene shall develop determination to such owner. For the purposes of this subdivision, "substantial and distribute to the owner or managing agent or other designated representative of compliance" shall mean that at the time of reinspection by the department, all a multiple dwelling which is the subject of an order by the department or the immediately hazardous and hazardous violations relating directly to mold and department of health and mental hygiene pursuant to subdivision h of this section eighty percent of all other open hazardous and immediately hazardous violations of and to tenants residing in multiple dwellings participating in the mold and vermin this code, the multiple dwelling law and of the health code of the city of New York remediation pilot program information related to home-based hazards and related to the accumulation of water, the accumulation of rubbish; and vermin or strategies for the control and eradication of mold, vermin and rodents, prior to the rodent infestation have been determined by the department and the department of removal of the multiple dwelling from the mold and vermin remediation pilot health and mental hygiene to have been corrected in accordance with the program. The departments may enter into one or more agreements with non- department of health and mental hygiene’s current guidelines on assessment and governmental organizations to develop and distribute such information. remediation of fungi in indoor environments and in multiple dwellings where vermin j. The department shall reassess, at quarterly intervals, or more often as and rodent infestation violations were identified the implementation of prevention necessary, each multiple dwelling that has been identified for participation in the and pest management measures pursuant to section 151.02 of the health code of the mold and vermin remediation pilot program for which the department has issued an city of New York have been utilized. order pursuant to subdivision h of this section and in which the department or an g. (i) Where an owner has received a written determination by the department owner has commenced repairs to ensure progress towards the completion of such that he or she has substantially complied with the requirements of subdivision f of repairs in a timely fashion. When conducting such reassessment the department this section, such multiple dwelling shall be monitored in accordance with the shall give special consideration to the correction of open hazardous and provisions of paragraph ii of this subdivision and shall register the multiple dwelling immediately hazardous violations of the housing maintenance code and the multiple in accordance with article two of subchapter four of chapter two of this title if the dwelling law and violations of the health code of the city of New York related to the multiple dwelling is not validly registered. Where such owner fails to substantially accumulation of water; mold; the accumulation of rubbish; and vermin or rodent comply with the provisions of subdivision f of this section or to validly register the infestation. No later than three months from the commencement of such repair work, multiple dwelling in accordance with article two of subchapter four of chapter two if the department determines that such repair work is not progressing in a timely of this title, the department shall notify such owner that substantial compliance for fashion, then the department shall expeditiously complete the repairs. such multiple dwelling has not been achieved. k. The department may remove from the mold and vermin remediation pilot (ii) The department or the department of health and mental hygiene shall program a multiple dwelling for which an order has been issued pursuant to monitor a multiple dwelling for which substantial compliance has been achieved for subdivision h of this section upon: (1) substantial compliance, (2) conclusion of the a period of nine months from the date of notification to the owner of such monitoring period as required pursuant to paragraph ii of subdivision g of this compliance to ensure continued conformity with this code, the multiple dwelling law section, (3) compliance with the provisions of subdivision i of this section and (4) and the health code of the city of New York with special consideration given to registration of such multiple dwelling in accordance with article two of subchapter determining whether there has been a reoccurrence of mold; the accumulation of four of chapter two of this title or such other criteria as may be established by rule water; the accumulation of rubbish and vermin or rodent infestation. Where such which are not inconsistent with any of the provisions of this article as are multiple dwelling continues in compliance, the department shall notify the owner, applicable. Where the department determines to remove a multiple dwelling from the occupants of such multiple dwelling and the council member in whose district such program, it shall provide a written determination to the owner, the occupants such multiple dwelling is located at the conclusion of such monitoring period that of such multiple dwelling and the council member in whose district such multiple the multiple dwelling has been removed from such program. dwelling is located and shall file in the office of the county clerk in the county in h. (i) The department shall perform a multiple dwelling-wide inspection, which such multiple dwelling is located, a rescission of the order issued pursuant to and when appropriate a joint inspection with the department of health and mental subdivision h of this section. For the purposes of this subdivision, “substantial hygiene, of a multiple dwelling that is subject to the requirements of the mold and compliance” shall mean that at the time of reinspection by the department, all vermin remediation pilot program if: (1) the owner has failed to request a immediately hazardous and hazardous violations relating directly to mold and reinspection and dismissal of violations in accordance with subdivision f of this eighty percent of all other open hazardous and immediately hazardous violations of section or (2) the owner has been notified that substantial compliance with the the housing maintenance code, multiple dwelling law or health code of the city of program pursuant to subdivision g of this section has not been achieved. Such New York related to the accumulation of water; the accumulation of rubbish and multiple dwelling-wide inspection shall be commenced no later than thirty days after vermin or rodent infestation have been determined by the department and the notice is given to the owner. After such multiple dwelling-wide inspection is department of health and mental hygiene to have been corrected in accordance with completed, the department and the department of health and mental hygiene shall the department of health and mental hygiene’s current guidelines on assessment and issue an order to such owner to correct existing violations of this code, the multiple remediation of fungi in indoor environments and in multiple dwellings where vermin dwelling law and the health code of the city of New York with respect to those and rodent infestation violations were identified the implementation of prevention violations relating to the accumulation of water; mold; accumulation of rubbish; and pest management measures pursuant to section 151.02 of the health code of the and vermin or rodent infestation and any new violations written since the city of New York have been utilized. notification of the owner in accordance with subdivision d of this section and repair l. The department and the department of health and mental hygiene shall the related underlying conditions as shall be specified in such order. The expeditiously undertake good faith efforts to obtain access to any portion of the department of health and mental hygiene shall provide information to owners on multiple dwelling where access is necessary in order to perform an inspection, how to implement prevention and pest management measures. Such multiple perform work to correct a violation of this code or the multiple dwelling law or dwelling-wide inspection shall be completed and such order issued within one perform work to repair a related underlying condition. If access is not obtained even hundred and twenty days of commencement of the multiple dwelling-wide inspection. after such good faith efforts, the department shall seek an order of access in Such order shall be filed in the office of the county clerk in the county in which the accordance with the provisions of section 27-2123 of this code. Any time period set multiple dwelling is located. For purposes of this article, a “related underlying forth in this section within which the department or the department of health and condition” shall mean a physical defect or failure of a multiple dwelling system mental hygiene are required to act shall be tolled during the period in which the which allows moisture into the multiple dwelling that is causing or has caused a department is making such good faith efforts to obtain access or is seeking an order mold violation, such as, but not limited to, a structural defect, or failure of a heating, of access. ventilation or plumbing system and the sealing of holes, gaps, and cracks in walls, m. An owner of a multiple dwelling who has been notified of participation ceilings, floors, molding, baseboards, around conduits and around and within in the mold and vermin remediation pilot program pursuant to subdivision d of this cabinets which allow pest movement. section shall be subject to program fees for any inspection, reinspection or any other (ii) The department shall: (1) within thirty days of the filing of such order action taken by the department or the department of health and mental hygiene in prepare a scope of work necessary to correct the violations and repair the related relation to such multiple dwelling during the time period that the multiple dwelling underlying conditions as are specified in such order and, where applicable, the is in such program. A schedule of fees for this purpose shall be prescribed in rules department of health and mental hygiene shall prepare a scope of work necessary to promulgated by the department and the department of health and mental hygiene. implement prevention and pest management measures where specified in such order n. All amounts for expenses incurred and fees imposed by the department and or orders; (2) cause repair work to be commenced and expeditiously completed the department of health and mental hygiene pursuant to this article that remain unless there are circumstances beyond the control of the department such as: the unpaid by an owner, shall constitute a debt recoverable from the owner and a lien inability to obtain access to the multiple dwelling or any part thereof necessary for upon the multiple dwelling and lot, and upon the rents and other income thereof. The COUNCIL MINUTES — STATED MEETING May 12, 2010 CC33

provisions of article eight of this subchapter shall govern the effect and enforcement remaining portions shall remain in full force and effect. of such debt and lien. The department may serve a statement of account upon an §3. This local law shall take effect immediately, provided, however, that the owner for such amounts pursuant to section 27-2129 of this subchapter. commissioners of housing preservation and development and health and mental o. Any failure by the department to provide notification to occupants of a hygiene shall take all actions necessary to implement this local law, including the multiple dwelling that is participating in the mold and vermin remediation pilot promulgation of rules and the identification of multiple dwellings for participation in program or council members as required by this article shall not prevent the the program established by section one of this local law, prior to January 1, 2011. department or the department of health and mental hygiene from taking any actions This local law shall remain in effect until December 31, 2012 when it shall be under or enforcing the provisions of this article, except that the department shall deemed repealed. attempt to remedy any such failure immediately upon its discovery. p. Nothing in this section shall prevent the department or the department of Referred to the Committee on Housing and Buildings. health and mental hygiene from enforcing the provisions of this code, the multiple dwelling law or the health code of the city of New York pursuant to any other provision of this code, the multiple dwelling law, the health code of the city of New York or any other law where the department or the department of health and mental Int. No. 225 hygiene determines that additional enforcement mechanisms are necessary to do so. By Council Members Oddo, Fidler, Vallone Jr. and Halloran. Nothing in this article shall be deemed to affect the duties of an owner, a tenant, the department or the department of health and mental hygiene under any other article A Local Law to amend the administrative code of the city of New York, in of this code, the multiple dwelling law or the health code of the city of New York. relation to the issuance of building permits for areas in which a certified q. Any notifications or information required by this section to be provided rezoning application is pending. to an owner or occupant of a multiple dwelling shall be in English, the languages set forth in subdivision j of section 8-1002 of the administrative code of the city of New Be it enacted by the Council as follows: York and in such other languages as the department deems appropriate.

r. No later than twenty-four months after such program begins the department and the department of health and mental hygiene shall report to the Section 1. Section 28-103.11 of the administrative code of the city of New council on the results of the mold and vermin remediation pilot program. Such York, as added by local law number 33 for the year 2007, is amended to read as report shall include the following: (i) the names and addresses of the owner of each follows: multiple dwelling included in the program; (ii) the council member in whose district §28-103.11 Applications and permits. The department shall receive and review each multiple dwelling is located; (iii) for each multiple dwelling, the aggregate applications, construction documents, and other submittal documents and shall issue number of open hazardous and immediately hazardous violations of the housing permits, in accordance with the provisions of this code. Upon certification by the city maintenance code and multiple dwelling law and violations of the health code of the planning commission of an application for rezoning any area of the city, the city of New York related to the accumulation of water; mold; the accumulation of department shall not issue any permits for construction on a site located in such rubbish; and vermin or rodent infestation at the time the mold and vermin area that would not be in compliance with the zoning for such area provided for in remediation pilot program was used as an enforcement mechanism for such multiple the certified rezoning application. dwelling, (iv) for each multiple dwelling whether the owner or the departments §2. This local law shall take effect thirty days after its enactment. commenced repairs; (v) whether or not the owner of each multiple dwelling has substantially complied with the program; (vi) the number of multiple dwellings for which a building-wide inspection was commenced in accordance with subdivision h Referred to the Committee on Housing and Buildings. of this section and whether substantial compliance at such multiple dwellings was achieved during the program period; and (vii) the number of multiple dwellings for which substantial compliance has not been achieved from the start of the participation of such multiple dwellings in the program. Such report shall also assess the effectiveness of the mold and vermin remediation pilot program and Int. No. 226 identify the pest management and remediation methods utilized to correct such By Council Members Palma, Chin, Ferreras, Koppell, Mendez and Van Bramer. conditions. Such assessment shall include, but shall not be limited to examining, the following: (1) the program’s overall cost effectiveness, including the amount of fees A Local Law to amend the administrative code of the city of New York, in collected; relation to information and reporting on child care facilities and to repeal section 17-920, relating to reports regarding child care facilities. (2) whether the criteria established pursuant to subdivision b of this section were appropriate and if not, why not; Be it enacted by the Council as follows: (3) the extent to which violations beyond those previously known to the department and the department of health and mental hygiene were observed and the nature of those violations; Section 1. Section 17-920 of the administrative code of the city of New (4) whether the monitoring undertaken by the department or the department York is REPEALED. of health and mental hygiene was appropriate and if not, why not and including the §2. Chapter 10 of title 17 of the administrative code of the city of New number of multiple dwellings that failed to continue to be in substantial compliance York, as added by local law number 13 for the year 2005, is renumbered as chapter during such monitoring period. 13 and sections 17-914, 17-915, 17-916, 17-917 and 17-918 of the administrative (5) what, if any, were the most commonly found causes of mold; the code of the city of New York, as added by local law number 13 for the year 2005, accumulation of water; the accumulation of rubbish and vermin or rodent are renumbered sections 17-1301, 17-1302, 17-1303, 17-1304 and 17-1305, infestation; respectively, and section 17-919 of the administrative code of the city of New York, as added by local law number 12 for the year 2005, is renumbered section 17-1306. (6) identification of remediation and pest management methods that were used to control moisture, remove and prevent the reoccurrence of mold and abate §3. Chapter 13 of title 17 of the administrative code of the city of New vermin and rodent infestation and any methods that were not successful in York, as renumbered by section 2 of this local law, is amended by adding a new addressing such conditions, and why; section 17-1307 to read as follows: (7) recommendations on how to achieve compliance in those multiple §17-1307 Reports regarding child care facilities citywide. a. Beginning 45 dwellings in which substantial compliance was not achieved during the period of the days after the end of the first full calendar quarter following the effective date of the program. local law that added this section and 45 days after the end of each succeeding calendar quarter thereafter, the department will furnish to the speaker of the city (8) a copy of the information distributed to owners and multiple dwelling council a report regarding child care facilities in New York city that includes, at a occupants regarding home-based hazards and strategies for the control and minimum, and to the extent that the department has access to such information, the eradication of mold and vermin; following information concerning state-regulated family and group family day care (9) any other information the department or the department of health and homes and school-age child care programs and day care services regulated mental hygiene deems pertinent to the evaluation of said program. pursuant to articles 5 and 47 of the New York city health code: Such assessment shall also include recommendations as to whether the 1. number of providers currently holding a valid license, registration or program should be continued or modified in any way and the reasons therefore, permit issued under state or local law or regulations, disaggregated by borough and including the need for additional legislative or administrative actions to prevent the by type of program; occurrence of mold and vermin infestation and for the proper remediation of mold 2. number of inspections of such day care providers, programs and services and vermin infestation. Such report shall be posted on the department and the conducted, disaggregated by borough and by the type of day care inspected; department of health and mental hygiene’s website within ten days of its submission to the council. 3. percentage of renewal applications that were not processed by the expiration date of the license, registration or permit being renewed, disaggregated §2. Severability. If any subdivision, sentence, clause, phrase or other by the type of day care; portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be 4. percentage of new applications for a license, registration or permit to deemed severable and such unconstitutionality or invalidity shall not affect the operate a state-regulated day care that resulted in a license or registration; validity of the remaining portions of the local law that added this section, which 5. percentage of new applications for licenses to operate a day care that CC34 COUNCIL MINUTES — STATED MEETING May 12, 2010

resulted in a license, registration or permit, disaggregated by type of day care; destabilization and havoc, especially given the current need for affordable housing; 6. number of new day care slots created, disaggregated by type of day care; and 7. number of complaints received regarding day care operating with a Whereas, In the current environment it is extremely difficult to find apartments license, registration or permit, disaggregated by the type of day care and borough in that are affordable to low, moderate and middle income households; and which the day care that is the subject of the complaint is located; Whereas, A.9230/S.3326-A would allow for direct amendments by the City to 8. number of complaints received regarding day care operating without a the Emergency Tenant Protection Act of 1974 to put all Mitchell-Lama and Project- license, registration or permit, disaggregated by the borough in which the day care based Section 8 units under the Rent Stabilization Program, which will keep that is the subject of the complaint is located; apartments in Mitchell-Lama and Project-based Section 8 developments affordable 9. percentage of state-licensed or registered day care cited for having following an opt-out; now, therefore, be it violations, disaggregated by borough and by the type of provider or program; 10. total number of initial inspections of day care services and the Resolved, That the Council of the City of New York calls upon the New York percentage of day care services that required one or more compliance inspections; State Legislature to enact A.9230/S.3326-A in relation to Mitchell-Lama and 11. number of day care licenses, registrations or permits revoked, Project-based Section 8 disaggregated by type of day care; developments. 12. number of day care licenses, registrations or permits suspended, disaggregated by the type of day care; Referred to the Committee on Housing and Buildings. 13. number of cease and desist orders issued, disaggregated by the type of state-licensed or registered provider or program; 14. number of early childhood consultants employed in the department's Res. No. 223 bureau of day care as of the close of business on the final day of the reporting Resolution calling on the New York State Legislature to amend Article 11 of the period; New York State Environmental Conservation Law to add Quaker Parrots 15. number of early childhood consultant vacancies in the department's to the list of "protected birds," which will oblige the City to take all bureau of child care as of the close of business on the final day of the reporting possible steps to humanely relocate Quaker Parrots that have nested on period; city-owned properties that are slated for demolition or removal or where 16. number of public health sanitarians employed in the department's other projects require removal of the birds. bureau of child care as of the close of business on the final day of the reporting period; and By Council Members Palma, Koppell, Mendez, Vacca, Crowley and Gentile. 17. number of public health sanitarian vacancies in the department's bureau of child care as of the close of business on the final day of the reporting Whereas, Quaker Parrots, which are also known as Monk Parakeets, are native period. to Argentina, but have a long and colorful history in New York City; and b. Within 45 days after the end of each calendar year, the department shall Whereas, It is believed that Quaker Parrots were first imported to the United publish and make available on its website an annual report containing the States in shipments arriving in New York City in the late 1960's for sale at area pet information set forth in subdivision a of this section for the prior calendar year. stores, and §4. This local law shall take effect ninety days after its enactment into law. Whereas, One shipment that arrived at John F. Kennedy International Airport around 1969 was either intentionally or accidentally opened releasing an entire shipment of Quaker Parrots into the wild; and Referred to the Committee on Health (preconsidered but laid over by the Whereas, Quaker Parrots are now common in Brooklyn in colonies of 50 - 60 Committee on Health). birds, have established colonies in the Bronx and Queens, and are beloved by many members of these communities; and Whereas, When the parrots first became prominent it was feared that they would disturb local birds and plants, and as a result they are sometimes described as Res. No. 222 being a "potentially dangerous species," by provisions of New Jersey and Connecticut state law, even though they have not caused any problems for native Resolution calling upon the New York State Legislature to enact A.9230/S.3326- plants or birds; and A in relation to Mitchell-Lama and project-based Section 8 housing developments. Whereas, The habitats of some Quaker Parrot colonies residing on City property are in danger as a result of upcoming projects that will cause their habitats

to be destroyed; and By Council Members Palma, Brewer, Chin, Dickens, Lander, Mendez, Vann and Whereas, In 2007, the New York City Department of Design and Construction, Williams. through the help of volunteers and employees, sponsored a project to relocate parrots whose nests were in danger as a result of construction on the Throggs Neck Little Whereas, In enacting the Mitchell-Lama program the New York State League baseball complex; and Legislature attempted to remedy a serious shortage of decent housing by providing Whereas, The number of wild Quaker Parrots has remained stable because the affordable housing for individuals and families whose incomes were too high for parrots "self-manage" the sizes of their flocks; and public housing, but not high enough to afford housing developed through private Whereas, Under section 11-0103(5)(a) of the New York State Environmental enterprise; and Conservation Law (ECL), nests of protected birds cannot be disturbed; and Whereas, Over thirty year ago, the federal government developed an approach Whereas, Under ECL §11-0103(5)(a), undomesticated psittacine birds, which to creating affordable housing subsidies that would keep rents low by creating a include parrots, are not protected, and as a result, ECL §11-0505(7), which prevents Project-based Section 8 program; and habitats of protected birds from being disturbed does not apply to them; and Whereas, Currently, owners of Mitchell-Lama and Project-based Section 8 Whereas, Under ECL §11-0505(7), it is required that nests of protected birds be housing developments are permitted to buy out their mortgages and take their left undisturbed, except if the nests need to be moved to be maintained; and buildings out of this program after 20 years, and there are thousands of apartments in buildings where landlords currently have this option; and Whereas, Quaker Parrots are not currently protected under the New York State Environmental Conservation Law and their lives and homes are in danger during any Whereas, Under the current rent protection laws, buildings that were first construction projects that might disturb their habitats; and occupied on or after January 1,1974 are not subject to rent and eviction protections offered by these laws, except for buildings receiving tax benefits pursuant to section Whereas, Quaker Parrots are deserving of the protections afforded under New 421-a of the Real Property Tax Law and certain other tax benefit programs; and York State law as a "protected bird"; now, therefore, be it Whereas, Many of the Mitchell-Lama and Project-based Section 8 developments were first occupied between 1974 and 1979, and are now all subject to Resolved, That the Council of the City of New York calls upon the New York possible landlord opt-outs, which could then permit the landlords to raise the rents to State Legislature to amend Article 11 of the New York State Environmental levels that are not affordable to the overwhelming majority of their current residents, Conservation Law to add Quaker Parrots to the list of "protected birds," which will thus forcing them to leave their neighborhoods; and oblige the City to take all possible steps to humanely relocate Quaker Parrots that Whereas, New York City is facing a crisis in affordable housing which is at have nested on city-owned properties that are slated for demolition or removal or least partially reflected in a Citywide vacancy rate of only 2.88% as determined in where other projects require removal of the birds. the most recent Housing and Vacancy Survey conducted by the City; and Whereas, The low vacancy rate will make it difficult for many, if not most, residents of a Mitchell-Lama or Project-based Section 8 development to find similar Referred to the Committee on Environmental Protection. affordable housing if they are forced to leave their homes; and Whereas, The Mitchell-Lama and Project-based Section 8 programs were developed to provide stability to both individuals and neighborhoods, and opt outs from these programs, without additional protections, create the potential for Int. No. 227 COUNCIL MINUTES — STATED MEETING May 12, 2010 CC35

By The Public Advocate (Mr. de Blasio) and Council Members Chin, Gentile, Mark- §2. Title 16 of the administrative code of the city of New York is amended by Viverito, Williams and Halloran. adding a new chapter 5 to read as follows:

A Local Law to amend the New York city charter, in relation to requiring CHAPTER 5 mayoral agencies to issue monthly reports to the Council and the Public POLYSTYRENE FOAM PROHIBITION Advocate on compliance with the New York State Freedom of Information §16-501 Definitions. When used in this chapter: Law. a. "Agency" shall mean a department, division, bureau, office, position,

administration of the city of New York or a corporation, or any other entity the Be it enacted by the Council as follows: majority of the members of whose board are city officials or are appointed directly Section 1. Section 386 of Chapter 16 of the New York city charter is amended or indirectly by city officials. by adding a new subdivision d to read as follows: b. "Chlorofluorocarbons" or "CFCs" shall mean the family of substances that d. Commencing in January of 2011, each mayoral agency shall submit a contain carbon, fluorine and chlorine and have no hydrogen atoms or double bonds, monthly report to the council and the public advocate on the fourteenth day of each including, but not limited to, CFC-11, CFC-12, CFC-113, CFC-114, CFC-115, month regarding requests made to that agency to view records pursuant to the state CFC-500 and CFC-502. freedom of information law in the preceding month. Such report shall be made c. "Food establishment" means any premises or place of business operated available to the public free of charge on the internet. Reports required by this within the city of New York where food or beverages are prepared, mixed, cooked, subdivision shall include: baked, smoked, preserved, bottled, packaged, handled, stored or manufactured and (1) the total number of requests made during the month; shall include, but not be limited to, any fixed or mobile food vendor, restaurant, (2) the number of requests granted by the agency; delicatessen, cafeteria, concession stand, grocery store, supermarket or fast food (3) the number of requests denied by the agency and, in the case of a denial of, outlet, but shall not include private residences. or the exclusion of records from, such a request the report shall include the reason d. “Hydrochlorofluorocarbon” or “HCFCs” shall mean the family of or reasons for denial of, or exclusion of, records from the request. substances that contain hydrogen, chlorine, fluorine and carbon. (4) the number of business days that elapsed between the receipt of such a e. "Packaging" shall mean all bags, sacks, wrappings, containers, bowls, plates, request and the issuance of an acknowledgment of or response to such request; trays, boxes, cartons, cups, lids and other items, on which or in which food or (5) the number of instances in which a final determination regarding the request beverages are placed or packaged prior to consumption of the food or beverage. was not made within five business days of the issuance of an acknowledgment of f. "Polystyrene foam" means plastic material that is derived from petroleum and such a request; is composed of carbon and hydrogen atoms, which is blown into a foam. (6) the number of times in the preceding month that an agency determination §16-502 Prohibitions. Except as permitted in accordance with section 16-503 regarding a request to view records pursuant to the state freedom of information law of this chapter: was appealed by the requestor; and a. No owner, operator or employee of a food establishment shall place, wrap, (7) the number of times an agency determination was appealed by the requestor or otherwise package food or beverages in packaging made of polystyrene foam or and subsequently underwent a judicial review in a proceeding under Article 78 of offer for sale food or beverages packaged in such material. the Civil Practice Law and Rules, including a description of the outcome of each b. No agency shall purchase food or beverages packaged in polystyrene foam such proceeding. for use by such agency while in the performance of an official function or during the course of any program or event sponsored by such agency nor shall an agency §2. This local law shall take effect immediately. purchase any other product or item made of or packaged in polystyrene foam. c. No containers, bowls, plates, trays, cups, lids or other similar products or items made of polystyrene foam whose intended purpose is to be a receptacle for food or beverages may be dispensed, sold or offered for sale. Referred to the Committee on Governmental Operations. d. No packaging, product or item made of polystyrene foam that was manufactured using a chlorofluorocarbon or hydrochlorofluorocarbon may be dispensed, sold or offered for sale. §16-503 Exemptions. a. The provisions of section 16-502 of this chapter shall Int. No. 228 not apply where the commissioner has granted an exemption under the following By The Public Advocate (Mr. de Blasio) and Council Members Brewer, Chin, circumstances: Fidler, Foster, Mark-Viverito,Gennaro and Koo. (1) an owner or operator of a food establishment has made a showing that all possible alternatives and substitutes have been considered and for reasons of health A Local Law to amend the administrative code of the city of New York, in or safety, the use of packaging made of polystyrene foam is critical to performing the relation to restricting the use of polystyrene foam food packaging. function for which the exemption is sought; or (2) an agency has made a showing that all possible alternatives and Be it enacted by the Council as follows: substitutes have been considered and for reasons of health or safety the use of packaging or other product or item made of polystyrene foam is critical to performing the function for which the exemption is sought; and Section 1. Declaration of legislative intent and findings. Polystyrene foam is virtually immune to biological decomposition. Thus, when products made from (3) an owner or operator of a food establishment or an agency has polystyrene foam are landfilled, they consume landfill space for centuries. demonstrated to the satisfaction of the commissioner that such owner or Polystyrene foam also resists compacting and, therefore, by volume, consumes more operator or agency maintains a program or procedure whereby no less than the landfill space than other types of materials, such as paper. In addition, polystyrene following percentages of the packaging made of polystyrene foam which is foam is not made from material recovered from the waste stream and, therefore, distributed or dispensed during the course of providing food or beverages at that makes a far more limited contribution to the development of markets for recycled food establishment is recycled, reused, sold for recycling or sold for reuse: materials. Polystyrene foam is a pollutant that breaks down to smaller, non- (i) thirty-five percent during the first year after the effective date of this section; biodegradable pieces that are ingested by marine life and other wildlife thus injuring (ii) sixty percent during the second year after the effective date of this section; or killing them. Due to the physical properties of polystyrene foam, the United States and Environmental Protection Agency (EPA) states, “that such materials can also have (iii) ninety percent thereafter; or serious impacts on human health, wildlife, the aquatic environment and the (4) an individual, organization or other entity which provides, sells or offers for economy”. sale food or beverages to its employees or members, as an incident of employment The Council finds that the food service and retail food industries currently use or membership, or to other individuals as an integral part of performing its substantial quantities of polystyrene foam to package ready-to-eat, prepared, and principal functions, where it is intended that such food or beverage be consumed at uncooked food and beverages. The Council further finds that there are substitutes a dining facility or other central location, has demonstrated to the satisfaction of the for or alternatives to polystyrene foam food packaging and other products or items commissioner that such individual, organization or entity maintains a program or made of polystyrene foam that adequately serve the needs of the retail food and food procedure whereby no less than the following percentages of the packaging made of service industries, as well as the consumer, and that these substitutes or alternatives polystyrene foam which is dispensed or distributed during the course of providing are readily obtainable and are recyclable or biodegradable to a significantly greater food or beverages is recycled, reused, sold for recycling or sold for reuse: degree than is polystyrene foam. (i) seventy-five percent during the first year after the effective date of this Accordingly, the Council finds that as a step towards achieving the goals of section; and preserving landfill capacity by reducing the waste stream, encouraging the use of (ii) ninety percent thereafter. biodegradable and recyclable materials and materials made of recycled content, and minimizing the need for resource recovery facilities, it is appropriate to restrict the b. The commissioner shall promulgate rules setting forth the criteria to be amount of polystyrene foam products used in the City and, thereby, reduce the health applied in determining whether an exemption from any of the provisions of this and environmental hazards created by the manufacture and disposal of these section may be granted but the burden of proving that an exemption should be products. granted shall be on the applicant. c. An exemption or a renewal of an exemption from any of the provisions of this section may only be granted in writing and must clearly set forth the reasons why CC36 COUNCIL MINUTES — STATED MEETING May 12, 2010

such exemption has been granted. No exemption granted pursuant to this section shall be for a period longer than one year but may, upon appropriate application, be renewed for successive periods of up to one year each. Int. No. 230 §16-504 Enforcement. a. The provisions of this chapter shall be enforced by By Council Members Recchia, Brewer, Chin, Fidler, Foster, Gentile, Nelson, the department, the department of health and mental hygiene and the department of Rodriguez and Vann. consumer affairs.

b. Any person who violates any provision of this chapter shall be subject to a proceeding for injunctive relief brought in a court of competent jurisdiction and to a A Local Law to amend the administrative code of the city of New York, in proceeding for a civil penalty recoverable in an action brought in such court or in a relation to providing information to schools regarding communicable proceeding before the environmental control board. Such civil penalty shall be in diseases. an amount not less than one hundred dollars nor more than five hundred dollars for the first violation, not less than five hundred dollars nor more than one thousand Be it enacted by the Council as follows: dollars for the second violation, and not less than one thousand dollars nor more than five thousand dollars for the third and each subsequent violation. For the Section 1. Title 17 of the administrative code of the city of New York, is purposes of this chapter, each use of polystyrene foam packaging or offer for sale of amended to by adding a new section 17-196 read as follows: food or beverages in polystyrene foam packaging, which is prohibited by this §17-196 Information for schools on communicable diseases. a.Definitions. chapter, shall constitute a separate violation of this chapter. For purposes of this section, the following terms shall have the following meanings: §3. This local law shall take effect one hundred and eighty days after its 1. “School” shall mean any public or private elementary or secondary enactment. school.

2. “Communicable diseases” shall mean methicillin-resistant Staphylococcus aureus and any disease reportable to the department under the Referred to the Committee on Sanitation and Solid Waste Management. health code of the city of New York. b. The department shall develop guidelines for schools regarding communicable diseases. Such guidelines shall include, but not be limited to, Int. No. 229 education regarding such diseases, prevention methods and protocols for responding to incidents of such diseases in a particular school. By Council Members Recchia Jr., Brewer, Chin, Ferreras, Fidler, Foster, Gentile, Koppell, Koslowitz and Van Bramer. c. Where the department has received information regarding an incident of a communicable disease that has occurred in a child attending a school or in an

employee of such school, the department shall immediately report such incident to A Local Law to amend the New York city charter, in relation to energy such school. efficiency requirements for certain capital projects. §2. This local law shall take effect thirty days after enactment.

Be it enacted by the Council as follows:

Referred to the Committee on Health. Section 1. Subparagraph iii of paragraph 2 of subdivision b of section 224.1 of the New York city charter is amended to read as follows: (iii) Capital projects involving buildings classified in occupancy group G with an estimated construction cost of 12 million dollars ($12,000,000) or more shall be designed and constructed to reduce energy cost by a minimum of twenty percent Res. No. 224 (20%), as determined by the methodology prescribed in LEED energy and Resolution calling for a boycott of the State of Arizona in response to its anti- atmosphere credit 1 or the New York state energy conservation code, whichever is immigrant legislation. more stringent. In addition to such twenty percent (20%) reduction in energy cost, the design agency shall make investments in energy efficiency that reduce energy By Council Members Rodriguez, Mendez, Chin, Williams, Jackson, the Public cost by an additional [five percent (5%) if it finds that the payback on such Advocate (Mr. de Blasio), Dromm, Mark Viverito, Brewer, Dickens, Ferreras, investment through savings in energy cost would not exceed seven years or, in the Foster, Lander, Sanders, Weprin, James, Crowley, Gonzalez, Eugene, Van alternative, the design agency shall make investments in energy efficiency that Bramer, Arroyo, Seabrook, White, Cabrera, Barron, Rivera, Palma, Dilan, Rose, reduce energy cost by an additional] ten percent (10%) if it finds that the payback on Mealy and Reyna. such [investment] investments through savings in energy cost would not exceed seven years. If the payback for such investments would exceed seven years, then the design agency shall instead make investments in energy efficiency that reduce Whereas, On April 23, 2010, Governor Jan Brewer of Arizona signed S.B. energy cost by an additional five percent (5%) if the design agency finds that the 1070, a piece of anti-immigrant legislation, into law; and payback for such investments would not exceed seven years. Whereas, S.B. 1070 requires immigrants to carry alien registration documents §2. Section 224.1 of the New York city charter is amended to add a with them at all times; and subdivision l to read as follows: Whereas, S.B. 1070 requires Arizona law enforcement agents to question the l. An annual report shall be prepared no later than September 1 of each immigration status of anyone suspected to be an undocumented immigrant; and year in accordance with the procedure and format established by the department of Whereas, Many suspect that this legislation will lead to racial profiling by law design and construction. Such report shall include, but shall not be limited to, a list enforcement agents; and and brief description, including square footage and total cost, of any capital project Whereas, Many fear that this draconian law will be an example that other states subject to section 224.1 of the charter, completed during the preceding calendar will follow as they seek to combat illegal immigration; and year; the estimated level of LEED certification such capital projects have achieved Whereas, On April 29, 2010, U.S. Attorney General Eric Holder announced as determined by the design agency in accordance with the LEED rating system or, that the U.S. Justice Department is considering whether to launch a court case if applicable, the level achieved, as certified by the United States green building challenging the Arizona law; and council; additional costs attributable to complying with the LEED green building rating system or any other green building standard; an assessment of the health, Whereas, Mayor Chris Coleman of St. Paul, Minnesota, directed city environmental and energy-related benefits achieved in comparison with a base-case employees to avoid using public funds to travel to Arizona; and code compliant project (including projected energy savings and reductions in peak Whereas, Mayor Gavin Newsom of San Francisco, California, announced a ban load, reductions in emissions, reductions in storm water runoff and potable water on travel to Arizona for city employees in response to S.B. 1070; and use); a summary of agency findings related to additional investment in energy Whereas, Mayor Phil Gordon of Phoenix, Arizona, declared that his city is efficiency pursuant to subparagraphs (i), (ii), and (iii) of paragraph two of considering filing a suit against the state, stating S.B. 1070 “unconstitutionally co- subdivision b of section 224.1 of the charter, including any additional investment in opts [the Phoenix, Arizona] police force to enforce immigration laws that are the energy efficiency considered and the estimated payback time for such investment rightful jurisdiction of the federal government;” and through savings in energy cost; and the total value of capital allocations in each Whereas, The city councils in Tucson and Flagstaff, Arizona, voted to sue the fiscal year, by city agency, of projects subject to, and exempted by the mayor for state in an effort to prevent S.B. 1070 from going into effect; and each of paragraph one and subparagraphs (i), (ii) and (iii) of paragraph two of Whereas, Congressman Jose Serrano (D-NY) is calling on Major League subdivision b, paragraphs one and two of subdivision c and subdivision d of section Baseball to reconsider whether it would be appropriate for the 2011 All-Star Game 224.1 of the charter, as well as a list and brief description, by agency, of such to be held in Arizona; and exempted projects, including square footage and project cost. Whereas, In response to this anti-immigrant legislation, advocates and §2. This local law shall take effect immediately upon enactment. politicians from throughout the nation are deterring tourists from visiting Arizona; and Whereas, According to the New York Daily News, New York based advocacy Referred to the Committee on Environmental Protection. groups have sent a letter to President Obama requesting that he strike down the Arizona law; and COUNCIL MINUTES — STATED MEETING May 12, 2010 CC37

Whereas, On Saturday, May 1, 2010, rallies were held throughout the nation, including Foley Square and Union Square in New York City, to protest Arizona’s legislation; and Whereas, Participants in these New York City rallies, in keeping with New Int. No. 233 York’s long tradition of supporting its immigrant communities, condemned S.B. 1070 and called for a boycott of the state of Arizona; and By Council Members Vacca, Dromm, Fidler, Foster, Gentile, Koppell, Nelson, Rodriguez, Garodnick, Rose, Halloran, Koo, Brewer and Van Bramer. Whereas, Cities, from Boston, Massachusetts, to Oakland, California, are calling for boycotts of the state of Arizona; now, therefore, be it A Local Law to amend the New York city charter, in relation to reporting of

overcharge complaints and enforcement actions by the taxi and limousine Resolved, That the Council of the City of New York calls for a boycott of the commission. State of Arizona in response to its anti-immigrant legislation.

Be it enacted by the Council as follows:

Referred to the Committee on Immigration. Section 1. Section 2302 of the New York city charter is amended to read as follows: §2302. Reports of commission. All proceedings of the commission and all Int. No. 231 documents and records in its possession shall be public records and the commission By Council Members Vacca, Brewer, Dromm, Fidler, Foster, Gentile, Koppell, shall make an annual report to the city council on or before the second Monday of Koslowitz, Mendez, Nelson, Sanders, Van Bramer, Williams, James and Ulrich. January in each year. Such annual report shall contain, among other things, information regarding all complaints received by the commission, including, but not A Local Law to amend the administrative code of the city of New York, in limited to, allegations of overcharging and disaggregated by type of complaint, type of licensed vehicle and month such complaint was received by the commission, and a relation to requiring photographs to be included with certain notices of summary of all enforcement actions, including, but not limited to, illegal street hails, violation for parking violations. unlicensed vehicles, and toll lane infractions, undertaken by the commission. Such

complaint and enforcement action information shall be posted on the commission’s Be it enacted by the Council as follows: website and updated on a monthly basis. The chairman of the city council committee on [consumer affairs] transportation may at any time direct the Section 1. Chapter one of title 14 of the administrative code of the city of commission or the chairman of the commission to appear before the committee to New York is amended by adding a new section 14-118.3 to read as follows: give testimony pertaining thereto, and to furnish to the members of the council any §14-118.3 Handheld computers. Handheld computers used by the reports deemed necessary. department to enforce laws, rules and regulations relating to parking violations put §2. This local law shall take effect sixty days after its enactment. into service after the effective date of the local law that added this section shall be capable of taking photographs. §2. Subdivision a of section 19-204 of the administrative code of the city Referred to the Committee on Transportation. of New York is amended to read as follows:

a. The notice of violation shall contain information advising the person charged of the manner and the time in which he or she may plead either guilty or not guilty to the charge alleged in the notice. Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and time Int. No. 234 provided shall be deemed, for all purposes, an admission of liability and that default By Council Members Vacca, Chin, Dromm, Fidler, Foster, Koppell, Nelson and judgment may be rendered. Notices of violations alleging stopping, standing or Rodriguez. parking in bus stops, in handicapped zones, in bicycle lanes, in crosswalks, on sidewalks, closer than fifteen feet to a fire hydrant, on the roadway side of a vehicle A Local Law to amend the New York city charter, in relation to requiring a stopped, standing or parked at the curb, or alleging failure to display a required driver or retired driver member on the taxi and limousine commission. document or license plate, shall also contain a photograph evidencing the alleged violation, where the person issuing such violation is equipped with a handheld computer used to enforce laws, rules and regulations relating to parking violations Be it enacted by the Council as follows: capable of taking photographs and where practicable. The form and wording of the notice of violation shall be prescribed by the director. A copy of each notice of Section 1. Subdivision a of section 2301 of the New York city charter is violation served shall be filed and retained by the bureau, and shall be deemed a amended to read as follows: record kept in the ordinary course of business, and shall be prima facie evidence of §2301. Membership of commission. a. The commission shall consist of nine the facts contained therein. members to be appointed with the advice and consent of the city council; one of said §3. This local law shall take effect ninety days after its enactment. members shall be a commission licensed driver or a retired driver who worked as a commission licensed driver for at least one year in the past five years; and five of said members, one resident from each of the five boroughs of New York city, shall be recommended for appointment by a majority vote of the [councilmen] council Referred to the Committee on Transportation. members of the respective borough.

§2. This local law shall take effect sixty days after its enactment.

Int. No. 232 By Council Members Vacca, Ferreras, Gentile, Van Bramer, Garodnick, Koo, Referred to the Committee on Transportation. Rodriguez, Rose, Ulrich, Koppell, Jackson, Lappin and Williams.

A Local Law to amend the administrative code of the city of New York, in relation to amending the taxicab passengers’ bill of rights. Int. No. 235 Be it enacted by the Council as follows: By Council Members Vacca, Fidler, Foster, Gentile, Koppell, Nelson, Rodriguez, Williams, Garodnick, Rose, Halloran, Brewer, Van Bramer and Sanders. Section 1. Paragraphs 14 and 15 of subdivision c of section 19-537 of Title 19 of the administrative code of the city of New York are amended and a new A Local Law to amend the administrative code of the city of New York, in paragraph 16 is added to read as follows: relation to certain information to be collected by taxicab equipment and (14) a driver who does not use a cell phone (hand-held or hands free) while that such information be shared with the taxi and limousine commission driving; [and] upon request.

(15) decline to tip for poor service[.]; and Be it enacted by the Council as follows: (16) a vehicle equipped with an operational e-z pass and payment of tolls with such pass. §2. This local law shall take effect ninety days after it is enacted into law. Section 1. Subdivision a of section 19-508 of the administrative code of the city of New York is amended to read as follows:

§19-508 Meters, radios and other equipment. a. All taxicabs shall be equipped

with [meters, and] equipment which shall record and store all fare data, including Referred to the Committee on Transportation. the fare rate used for each fare and any other information required by the CC38 COUNCIL MINUTES — STATED MEETING May 12, 2010

commission. All data required to be recorded and stored by such equipment shall be Section 1. Title 28 of the administrative code of the city of New York, as made available to the commission within seven days after a written request for such amended by local law 33 for the year 2007, is amended by adding a new section 28- information from the commission. Information regarding a licensed driver’s fares, 103.16.1 to read as follows: fare rates, pickup and drop-off information shall be provided at no charge to such §28-103.16.1 Placement of cellular telephone service antennas and related driver within seven days of a written request, up to twelve times a calendar year. equipment. (a) The department, in conjunction with such other city agencies as the Any entity found to have violated the provisions of this subdivision shall be liable for commissioner shall determine, shall promulgate rules concerning the attachment, a fine of two hundred fifty dollars per day for each such violation until the violation installation or mounting of cellular telephone service antennas and equipment on is corrected. [t]The commission may permit or require other licensed vehicles to be buildings or structures. Such rules shall contain, but need not be limited to, equipped with the same or different types of meters. requirements for the manner in which cellular telephone service antennas and § 2. This local law shall take effect ninety days after its enactment. related equipment may be attached, installed, or mounted on buildings or structures; a requirement that any related wires or wiring running through a building or Referred to the Committee on Transportation. structure are properly enclosed or guarded in accordance with the electrical code; a requirement that prior to seeking a permit from the department to attach, install or

mount a cellular telephone service antenna and related equipment on a building or structure, the applicant shall provide written notice of such intent to the community board and council member in whose respective districts the building or structure is Int. No. 236 located; requirements for the placement of an identification tag on cellular By Council Members Vacca and Gentile (by request of the Mayor). telephone service antennas and related equipment which shall include the permit number and an “advisory” to dial 311 where any exigent circumstances exist or for more information concerning such permit; a requirement that the permit applicant A Local Law to amend the administrative code of the city of New York, in make best efforts to locate in a non-residential zone and make best efforts to co- relation to fees for the inspection of taxicabs by the taxi and limousine locate cellular telephone service antennas and related equipment; guidance for commission. aesthetical considerations to minimize the visual impacts of such antennas or related equipment where practical; and a protocol to address the removal of such antennas Be it enacted by the Council as follows: and related equipment following abandonment or discontinuance of service. (b) The requirements of this section shall not apply to the placement or Section 1. Subdivision f of section 19-504 of the administrative code of the city replacement of cellular telephone service antennas and related equipment, attached, of New York, as amended by local law number 115 for the year 1993, is amended to installed or mounted by or on behalf of governmental agencies for a government read as follows: purpose. (f) All taxicabs now or hereafter licensed pursuant to the §2. This local law shall take effect ninety days after its enactment into law; provisions of this chapter shall be inspected at an inspection facility operated by the provided, however, that any actions necessary for the implementation of this local commission at least once every four months, in accordance with a procedure to be law may be taken prior to its effective date. established by the commission. All other vehicles now or hereafter licensed pursuant to the provisions of this chapter other than commuter vans shall be inspected at official inspection stations licensed by the commissioner of motor Referred to the Committee on Housing and Buildings. vehicles pursuant to section three hundred three of the vehicle and traffic law at least once every four months in accordance with the regulations of the commissioner of motor vehicles, codified in part seventy-nine of title fifteen of the official compilation of codes, rules and regulations of the state of New York (15 N.Y.C.R.R. part 79). All commuter vans now or hereafter licensed pursuant to the provisions of Int. No. 238 this chapter shall be inspected and shall meet safety standards as provided in By Council Members Vallone Jr., Fidler, Nelson and Halloran. paragraph two of subdivision a of section 19-504.3 of this chapter. If any taxicab fails to pass such inspection, it shall be reinspected. The fee payable to the commission for [the] each inspection and each reinspection required for the issuance A Local Law to amend the administrative code of the city of New York, in of a certificate of inspection for a taxicab, inclusive of the issuance of such relation to resource and training assistance to New York City’s community certificate, shall not exceed [thirty-five dollars for taxicabs inspected through June based volunteer ambulance companies. 30, 1991 and] fifty dollars [for taxicabs inspected on or after July 1, 1991]. [If any taxicab fails to pass such inspection, it shall be reinspected for no additional fee. If Be it enacted by the Council as follows: any taxicab fails to pass such reinspection, it shall be reinspected a second time for an additional fee of thirty-five dollars. If any taxicab fails to pass such second Section 1. Chapter one of title 15 of the administrative code of the city of reinspection, it shall be reinspected a third time. No additional fee shall be charged New York is amended by adding a new paragraph (3) to subdivision a of section 15- for third or subsequent reinspections.] The fees payable to the official inspection 101 to read as follows: station for the inspection and the issuance of a certificate of inspection for all other licensed vehicles other than commuter vans shall be the fees charged and collected (3) “Voluntary ambulance service” shall mean a voluntary ambulance pursuant to section three hundred five of the vehicle and traffic law. The service as such term is defined in section three thousand one of the public health law commission or any other agency authorized by law may conduct on-street that is registered or certified in compliance with section three thousand five of the inspections of vehicles licensed pursuant to the provisions of this chapter. The date public health law. of the inspection of a taxicab and the signature of the persons making the inspection §2. Chapter one of title 15 of the administrative code of the city of New shall be recorded upon the rate card in the space provided therefor. An owner shall York is amended by adding a new section 15-129 to read as follows: be ordered by the commission to repair or replace his or her licensed vehicle where it §15-129 Volunteer ambulance service. a. The department shall provide appears that it no longer meets the reasonable standards for safe operation prescribed vehicle insurance and access to medical supplies for any volunteer ambulance by the commission. Upon failure of such owner to have his or her vehicle inspected service operating within the city of New York. or to comply with any such order within ten days after service thereof, the license b. The department shall provide ambulance driver training for any person shall be suspended; upon failure of such owner to comply with any such order within who meets criteria established by the commissioner and wishes to become a driver one hundred twenty days after service thereof, the license may, at the discretion of for any volunteer ambulance service operating within the city of New York. the commission, be deemed to have been abandoned by nonuser. §3. This local law shall take effect 90 days after its enactment into law. §2.This local law shall take effect immediately.

Referred to the Committee on Fire and Criminal Justice Services. Referred to the Committee on Transportation.

Int. No. 239

By Council Members Vallone and Williams. Int. No. 237 A Local Law to amend the administrative code of the city of New York, in By Council Members Vallone, Jr., Fidler, Gentile, Lappin, Van Bramer, Nelson and relation to including rented vehicles operated by a for-hire driver into the Mark-Viverito. definition of a for-hire vehicle.

A Local Law to amend the administrative code of the city of New York, in Be it enacted by the Council as follows: relation to cellular telephone antennas and equipment.

Section 1. Section 19-503.1 of the administrative code of the city of New York Be it enacted by the Council as follows: is amended by adding a new subdivision (c) to read as follows: c. For the purposes of this chapter, a for-hire vehicle shall include rented motor COUNCIL MINUTES — STATED MEETING May 12, 2010 CC39

vehicles operated by a for-hire driver. could disrobe in privacy, such as in an individual fitting room, a tanning booth, §2.This local law shall take effect immediately upon its enactment into law. private residence, hotel room, or restroom. b. Voyeurism in a private place. It shall be unlawful to intentionally view another person, without such person’s knowledge and consent, at a place and time when such person has a reasonable expectation of privacy, while such person is (1) Referred to the Committee on Transportation. in a state of undress or partial dress or (2) engaged in sexual activity.

c. Any person who violates subdivision b of this section shall be guilty of a class B misdemeanor. §2. This local law shall take effect 90 days after its enactment. Int. No. 240 By Council Members Vallone Jr., Gentile, Koppell, Nelson and Halloran. Referred to the Committee on Public Safety.

A Local Law to amend the administrative code of the city of New York, in relation to illegal residential conversions.

Be it enacted by the Council as follows: Res. No. 225

Resolution calling upon the Legislature of the State of New York to amend the Section 1. Section 28-210.1 of the administrative code of the city of New York, Vehicle and Traffic Law to require national background checks and is amended to read as follows: fingerprinting of all applicants to drive limousines, for-hire cars and §28-210.1 Illegal residential conversions. It shall be unlawful, except in taxicabs licensed by the New York City Taxi and Limousine Commission. accordance with all requirements of this code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the finding By Council Members Vallone Jr., Nelson and Halloran. of such violation and the imposition of punishment for such violation as set forth in this code the department or if applicable the environmental control board shall Whereas, As of 2010 according to the Taxi and Limousine Commission (TLC), forward to the internal revenue service, the New York state department of taxation in order for an applicant to become a licensed limousine driver in New York City, he and finance and the New York city department of finance the name and address of or she must pass a Department of Motor Vehicles defensive driving test, be at least the respondent or defendant, the address of the buildings or structure with 19 years of age and have a New York State, New Jersey, Connecticut or respect to which the violation occurred and the time period during which the Pennsylvania chauffeur's driver's license and an original Social Security card; and violation was found to have existed. Whereas, The TLC also requires that an applicant’s fingerprints be taken and b. Notwithstanding any other provision of law, the department or any other law sent to the New York State Division of Criminal Justice Services (DCJS), which enforcement entity acting to enforce this section shall be authorized to issue a conducts a criminal background check that is confined to detecting convictions or summons or notice of violation for a violation of this section based on readily arrests that occurred in New York State; and observable circumstantial evidence which evidence may be refuted before a court of Whereas, As first reported by the Daily News in 2004, people with convictions, competent jurisdiction or before the environmental control board prior to the including major felonies, in other states who move to New York State would not be imposition of a final determination. Examples of such circumstantial evidence detected unless they had informed their parole officer that they were moving to the include, but are not limited to, a greater number of mailboxes or mail receptacles State; and servicing a dwelling than the number of legally authorized dwelling units in such Whereas, Within the past five years, the Federal Bureau of Investigation (FBI) dwelling; the existence of a greater number of operational utility meters servicing a and the Department of Homeland Security have issued bulletins to police and other dwelling for the same type of utility service than the number of legally authorized government officials nationwide warning that terrorists have considered using rental dwelling units in such dwelling, or a greater number of doorbells servicing a vehicles, limousines, and vehicles with large storage capacity to conceal bombs; and dwelling than the number of legally authorized dwelling units in such dwelling. A Whereas, According to the FBI, the limousines would not attract as much violation of this section which has been based on circumstantial evidence in suspicion as a cargo van, but would have enough trunk space to hold a sizable bomb accordance with this subdivision may not be deemed corrected unless the premises capable of doing considerable damage; and which is the subject of the violation has been inspected by the department. Whereas, Despite the possibility that terrorists may use limousines to carry §2 Section 28-203.1 of the Administrative Code of the city of New York is bombs, the New York Daily News claimed to find “glaring holes in the TLC’s amended to read as follows: security checks that would-be terrorists could easily exploit;” and §28-203.1 Criminal fines and imprisonment. Except as otherwise specified Whereas, DCJS reports that applicants seeking to drive for-hire cars and in this code or other law, violations of this code, the 1968 building code, the taxicabs licensed by the TLC also do not undergo FBI background checks and only zoning resolution or other laws or rules enforced by the department shall be their New York State criminal arrests and convictions can be investigated; and punishable by criminal fines and imprisonment within the ranges set forth below: Whereas, The President of the Center for National Policy, an organization that 1. Every person convicted of violating a provision of this code, the 1968 advises the federal government on the country’s most important national security building code, the zoning resolution or other law or rule enforced by the issues, states that the current procedures for processing applicants to drive for-hire department or an order of the commissioner issued pursuant thereto that is cars and taxicabs licensed by the TLC would not enable city investigators to flag a classified by the commissioner or the code as an immediately hazardous terrorist or criminal on the FBI’s watch list; and violation shall be guilty of a misdemeanor punishable by a fine of not more than twenty-five thousand dollars or by imprisonment of not more than one year or by Whereas, The Daily News also asserts that New York State “has the authority both such fine and imprisonment. and the capability to conduct FBI background checks,” such as in the case of “applicants for civil service jobs in New York City and applicants for any job with 1.1 Any violation of section 28-210.1 deemed an immediately hazardous the City's Department of Education;” and condition shall be punishable by a fine of not less than one thousand dollars. Whereas, The DCJS affirms that expanding TLC’s authority to include FBI §4.This local law shall take effect immediately. background checks would require approval from the New York State Legislature; now, therefore, be it Referred to the Committee on Housing and Buildings. Resolved, That the Council of the City of New York calls upon the Legislature of the State of New York to amend the Vehicle and Traffic Law to require national background checks and fingerprinting of all applicants to drive limousines, for-hire Int. No. 241 cars and taxicabs licensed by the New York City Taxi and Limousine Commission.

By Council Members Vallone, Jr., Sanders and Nelson. Referred to the Committee on Transportation. A Local Law to amend the administrative code of the city of New York, in relation to creating the offense of voyeurism. Int. No. 242 Be it enacted by the Council as follows: By Council Members Van Bramer, Chin, Ferreras, Gentile and Mendez.

Section 1. Chapter 1 of title 10 of the administrative code of the city of New A Local Law to amend the administrative code of the city of New York, in York is amended by adding a new section 10-168 to read as follows: relation to below ground work near flammable materials. §10-168. Voyeurism. a. Definitions. The following terms shall have the following meanings: Be it enacted by the Council as follows: 1. “Place and time when a person has a reasonable expectation of privacy” means a place and time when a reasonable person would believe that he or she Section 1. Chapter 2 of Title 15 of the administrative code of the city of New CC40 COUNCIL MINUTES — STATED MEETING May 12, 2010

York is hereby amended by adding a new section 15-233 to read as follows: §15-233 Underground work near flammable materials. a. In addition to all other permits required by law, it shall be unlawful for any person to drill, dig or Adopted by the Council (preconsidered and approved by the Committee on perform any other work below ground unless the department has been notified at Finance.) least twenty days prior to such drilling or digging or other below ground work, where such drilling, digging or other below ground work would occur within one hundred feet of any pipe or other such instrument that carries oil, gas or any other similar such flammable substance. Such notification shall be in writing and hand L.U. No. 92 delivered to the department. By Council Member Recchia: b. The permitting agency shall have a representative present at all times when such drilling, digging or other below ground work is occurring, when such work is Navy Green, 136-50 Flushing Avenue, Brooklyn, Council District No. 35, 696 of located within one hundred feet of such pipeline or other such instrument that the General Municipal Laws. carries gas, oil of other similar such flammable substance. c. Any person who violates the provisions of subdivision a of this section shall be liable for a civil penalty of not less than one thousand nor more then five Adopted by the Council (preconsidered and approved by the Committee on thousand dollars for each day on which such violation exists. Finance.) §2. This local law shall take effect immediately.

L.U. No. 93

By Council Member Recchia: Referred to the Committee on Fire and Criminal Justice Services.

112-114 Eldridge Street, Block 413, Lot 4, Manhattan, Council District No. 1, Section 577 of the Private Housing Finance Law.

Res. No. 226 Resolution calling upon the New York State Assembly to pass and the Governor Adopted by the Council (preconsidered and approved by the Committee on to sign A.10514, which would amend the Penal Law and the Criminal Finance.) Procedure Law to increase penalties for physical assaults on the elderly and disabled.

L.U. No. 94 By Council Members Van Bramer, Brewer, Chin, Ferreras, Fidler, Gentile, Mendez, Rodriguez, Vann, Williams and Nelson. By Council Member Recchia:

Whereas, The elderly are among the most vulnerable members of our society 28-30 Henry Street, Block 277, Lots 43 and 44, Manhattan, Council District No. and deserve special protection; and 1, Section 577 of the Private Housing Finance Law.

Whereas, On April 5, 2010, an 81-year-old grandfather, who is a lifelong resident of Astoria, Queens, was viciously assaulted during a robbery outside of his apartment; Adopted by the Council (preconsidered and approved by the Committee on Whereas, The victim suffered extensive brain damage as a result from the Finance.) attack; and Whereas, The alleged assailant is a 23-year-old male with a prior criminal record including four robbery arrests and two assault arrests; and L.U. No. 95 Whereas, On March 10, 2007, a 101-year-old woman on her way to church was By Council Member Recchia: viciously assaulted and mugged outside of her Queens apartment; Whereas, The victim suffered a broken cheek bone and spent three days in a 58-62 Hester Street, Block 298, Lot 15, Council District No. 1, Section 577 of the hospital before being released; and Private Housing Finance Law. Whereas, Under current New York State Law, the assailant in this vicious assault on the 101-year-old victim would face only a misdemeanor charge; and Whereas, Persons with visible disabilities are more likely to be targeted by Adopted by the Council (preconsidered and approved by the Committee on criminals because they are perceived to be less likely to defend themselves or report Finance.) the crime to law enforcement; and

Whereas, Persons who assault vulnerable members of society, such as the elderly and the disabled, should face harsher criminal penalties; and

Whereas, Under current New York State Law, physical attacks on elderly persons are treated as Class A misdemeanor offenses, with a penalty of up to one L.U. No. 96 year in prison; and By Council Member Recchia: Whereas, A.10514, currently pending in the New York State Assembly, would make an assault on a person over seventy years of age or a person with a disability Council Towers VI Senior Housing, Block 6792 Lot: p/o1, Queens, Council either a Class D violent felony, punishable by up to seven years in prison, or a Class District No. 24, Section 422 of the Real Property Tax Law. E felony, punishable by up to four years in prison; and Whereas, Enactment of this law would signify society's interest in protecting its most vulnerable members; and Adopted by the Council (preconsidered and approved by the Committee on Whereas, Enactment of this law would effectively set a standard and send a Finance.) message that violence against the elderly is not acceptable and will not be tolerated; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York L.U. No. 97 State Assembly to pass and the Governor to sign A.10514, which would amend the Penal Law and the Criminal Procedure Law to increase penalties for physical By Council Member Comrie: assaults on the elderly and disabled. Application no. C 100199 ZMQ submitted by the Department of City Planning pursuant to Sections 197-c and 201 of the New York City Charter for an amendment of the Zoning Map, Section Nos. 6b, 9a, 9b and 9c. Referred to the Committee on Public Safety.

Referred to the Committee on Land Use and the Subcommittee on Zoning and L.U. No. 91 Franchises. By Council Member Recchia:

Lafayette Manor, 226 Fillmore Street, Staten Island, Council District No. 49, L.U. No. 98 Section 422 of the Real Property Tax Law. COUNCIL MINUTES — STATED MEETING May 12, 2010 CC41

By Council Member Comrie: L.U. No. 103 By Council Member Comrie: Application no. N 100200 ZRQ submitted by the Department of City Planning pursuant to Section 201 of the New York City Charter, for an amendment Application no. 20105621 HAX, an amendment to an Urban Development of the Zoning Resolution of the City of New York, relating to Article II, Action Area Project located at 3120 Park Avenue, 720-722 East 161st Chapter 3, Sections 23-144, and Appendix F relating to the extension of the Street, 748 Jackson Avenue and 451 East 159th Street, Council District no. Inclusionary Housing Program to proposed R7A districts, Borough of 17, Borough of the Bronx. This matter is subject to Council review and Queens, Community District 1. action pursuant to Article 16 of the New York General Municipal Law, at the request of the New York City Department of Housing Preservation and Development, and pursuant to Section 696 of the General Municipal Law Referred to the Committee on Land Use and the Subcommittee on Zoning and for a tax exemption. Franchises.

Referred to the Committee on Land Use and the Subcommittee on Planning, L.U. No. 99 Dispositions and Concessions. By Council Member Comrie:

Application no. 20105445 TCK, pursuant to §20-226 of the Administrative Code of the City of New York, concerning the petition of Tres De Mexico LLC, d/b/a/ Mesa Coyoacan, to establish, maintain and operate an L.U. No. 104 unenclosed sidewalk café located at 372 Graham Avenue, Borough of By Council Member Comrie: Brooklyn, Council District no. 34. This application is subject to review and

action by the Land Use Committee only if called-up by vote of the Council Application no. 20105622 HAX, an amendment to an Urban Development pursuant to Rule 11.20b of the Council and §20-226(g) of the New York Action Area Project located at 1434-8 Morris Avenue, Council District no. City Administrative Code. 16, Borough of the Bronx. This matter is subject to Council review and

action pursuant to Article 16 of the New York General Municipal Law, at the request of the New York City Department of Housing Preservation and Referred to the Committee on Land Use and the Subcommittee on Zoning and Development, and pursuant to Section 696 of the General Municipal Law Franchises. for a tax exemption.

L.U. No. 100 By Council Member Comrie: Referred to the Committee on Land Use and the Subcommittee on Planning, Dispositions and Concessions. Application no. 20105458 TCM, pursuant to §20-226 of the Administrative Code of the City of New York, concerning the petition of 300 West 46th St. Corp., d/b/a Brasserie Athenee, to establish, maintain and operate an th unenclosed sidewalk café located at 300 West 46 Street, Borough of Manhattan, Council District no. 3. This application is subject to review and action by the Land Use Committee only if called-up by vote of the L.U. No. 105 Council pursuant to Rule 11.20b of the Council and §20-226(g) of the New By Council Member Comrie: York City Administrative Code. Application no. 20105623 HAK an Urban Development Action Area Project located at 281 Montauk Avenue, 664 Georgia Avenue and 662 Pine Street, Referred to the Committee on Land Use and the Subcommittee on Zoning and Council District no. 42, Borough of Brooklyn. This matter is subject to Franchises. Council review and action pursuant to Article 16 of the New York General Municipal Law, at the request of the New York City Department of

Housing Preservation and Development and pursuant to Section 696 of the General Municipal Law for a tax exemption.

L.U. No. 101 By Council Member Comrie: Referred to the Committee on Land Use and the Subcommittee on Planning, Dispositions and Concessions. Application no. 20105619 HAX, a request for approval of a plan and project located at 1600 Sedgwick Avenue, Borough of the Bronx, Council District L.U. No. 106 no. 16. This matter is subject to Council Review and action pursuant to By Council Member Comrie: Article V of the Private Housing Law.

Application no. 20105624 HAK an Urban Development Action Area Project

located at 312 Hendrix Street, Council District no. 37, Borough of Referred to the Committee on Land Use and the Subcommittee on Planning, Brooklyn. This matter is subject to Council review and action pursuant to Dispositions and Concessions. Article 16 of the New York General Municipal Law, at the request of the New York City Department of Housing Preservation and Development and pursuant to Section 696 of the General Municipal Law for a tax exemption.

L.U. No. 102 By Council Member Comrie: Referred to the Committee on Land Use and the Subcommittee on Planning, Dispositions and Concessions. Application no. 20105620 HAX, a request for a conveyance for a project located at Block 2880/Lot 91, Borough the Bronx, Council District no. 16. This matter is subject to Council Review and action pursuant to Article V of the Private Housing Law.

At this point the Speaker (Council Member Quinn) made the following announcements: Referred to the Committee on Land Use and the Subcommittee on Planning, Dispositions and Concessions.

ANNOUNCEMENTS:

CC42 COUNCIL MINUTES — STATED MEETING May 12, 2010

NEW YORK CITY COUNCIL FISCAL YEAR 2011 EXECUTIVE BUDGET Tuesday, May 18, 2010 HEARINGS

Please be advised of the following scheduled Council Agency Hearings relative Finance Committee to the Proposed Executive Expense, Revenue, Capital & Contract Budgets & CD- Time Agency Testifying jointly with Council XXXVI & CD-XXXVII Programs for the Fiscal Year 2011 to be held in the Committee Council Chambers, City Hall, as follows: Human Resources Administration / 9:30 - 11:00 General Welfare Social Services Thursday, May 13, 2010 Administration for Children’s General Welfare and 11:00 - 1:00 Services Women’s Issues 1:00 - 3:00 Homeless Services General Welfare Note Time Changes Finance Committee Time Agency Testifying jointly with Council

Committee

11:15 - Finance Finance 12:15 12:15 – Design & Construction Finance 1:15 1:15 – Environmental Environmental Protection (Capital) 2:15 Protection 2:15 – Environmental Friday, May 21, 2010 Environmental Protection (Expense) 3:15 Protection

Addition Deferred Friday, May 14, 2010 Finance Committee Time Agency Testifying jointly with Council Committee 10:00 - Transportation Deferred Note Time Changes Addition Transportation (Expense) 10:30 Finance Committee 10:30 - Transportation Time Agency Testifying jointly with Council Transportation (Capital) Committee 11:15 10:00 - Equal Employment Practices 11:15 - Transportation Civil Rights MTA NYC Transit (Capital) 10:30 Commission 11:45 10:00 11:45 - Transportation Human Rights Commission Civil Rights MTA NYC Transit (Expense) - 10:30 12:15 10:30 12:15 - Transportation City University of New York Higher Education Taxi & Limousine Commission - 12:00 1:00 1:00 - Education & School Construction NYCHA Public Housing 12:00 - Education 1:45 Authority (Capital) 2:00 1:00 - Education & School Construction Education 3:00 Authority (Capital) Monday, May 17, 2010

Monday, May 24, 2010 Subcommittee on ZONING & FRANCHISES ...... 9:30 A.M. See Land Use Calendar Available Wednesday, May 12, 2010, in Room 5 City Hall Hearing Room – 250 Broadway, 16th Floor ...... Mark Weprin, Chairperson Finance Committee Time Agency Testifying jointly with Council Committee Subcommittee on LANDMARKS, PUBLIC SITING & MARITIME USES11:00 10:00 - A.M. Consumer Affairs Consumer Affairs See Land Use Calendar Available Wednesday, May 12, 2010, in Room 5 City Hall 10:30 th 10:30 - Hearing Room – 250 Broadway, 16 Floor ...... Brad Lander, Chairperson Business Integrity Commission Consumer Affairs 11:00

11:00 - Subcommittee on PLANNING, DISPOSITIONS & CONCESSIONS. 1:00 P.M. Education (Expense) Education 1:00 See Land Use Calendar Available Wednesday, May 12, 2010, in Room 5 City Hall

Hearing Room – 250 Broadway, 16th ...... Stephen Levin, Chairperson Addition

Committee on HEALTH...... 1:00 P.M.

Int. No. 206 - By Council Member Arroyo - A Local Law to amend the Addition Note Time Change administrative code of the city of New York, in relation to certain provisions of title Finance Committee 17 and to repeal subchapters 1 and 5 of chapter 3, relating to permits for the sale or Time Agency Testifying jointly with Council transfer of milk and milk products and to medical records respectively. Committee Int. No. 207 - By Council Member Arroyo - A Local Law to amend the Governmental 10:00 - 10:45 Citywide Administrative Services administrative code of the city of New York, to repeal and reenact section 17-337 Operations relating to air quality standards for compressed air in underwater breathing tanks. Governmental Int. No. 226 - By Council Member Palma - A Local Law to amend the administrative 10:45 - 11:45 Board of Elections Operations code of the city of New York, in relation to information and reporting on child care Governmental facilities and to repeal section 17-920, relating to reports regarding child care 11:45 - 12:30 Campaign Finance Board Operations facilities. th 12:30 - Hearing Room – 250 Broadway, 14 Floor Aging Aging 2:00 ...... Maria del Carmen Arroyo, Chairperson 2:00 - Juvenile Justice Juvenile Justice 3:00 Addition Committee on VETERANS...... 1:00 P.M. Oversight - Methods to Enhance Outreach to the Veterans Community COUNCIL MINUTES — STATED MEETING May 12, 2010 CC43

Res 56 - By Council Members Mark-Viverito, Chin, Dromm, Ferreras, James, 12:00- Economic Development Corporation Economic Development Sanders, Williams, Rodriguez, Nelson and Eugene - Resolution calling on the New 1:00 York State Department of Motor Vehicles to insert a question on the driver’s license application that inquires about veteran status, in an effort to obtain an accurate count of veterans in the State. Addition Hearing Room – 250 Broadway, 16th Floor...... Mathieu Eugene, Chairperson Stated Council Meeting...... Agenda – 2:30 p.m.

Committee on CULTURAL AFFAIRS, LIBRARIES &

INTERNATIONAL INTERGROUP RELATIONS...... 2:00 P.M. Thursday, May 27, 2010 Off-Site Hearing and Tour: Oversight - Materials for the Arts Warehouse in Long Island City Location: Deferred Materials for the Arts Stated Council Meeting...... Ceremonial Tributes – 1:00 p.m. 33-00 Northern Boulevard ...... Agenda – 1:30 p.m. Long Island City, NY Details Attached...... James Van Bramer, Chairperson Friday, May 28, 2010

Addition Committee on ENVIRONMENTAL PROTECTION...... 10:00 A.M. Int 194 - By Council Members Gennaro, Brewer, Fidler, James, Koppell, Lander, Sanders Jr., Van Bramer and Mark-Viverito - A Local Law to amend the administrative code of the city of New York, in relation to the use of clean heating Addition oil in New York City. Committee on TRANSPORTATION ...... 2:30 P.M. Hearing Room – 250 Broadway, 16th Floor...... James F. Gennaro, Chairperson Int. No. 232 - By Council Member Vacca - A Local Law to amend the administrative code of the city of New York, in relation to amending the taxicab passengers’ bill of rights. Committee on FIRE AND CRIMINAL JUSTICE SERVICES...... 10:00 A.M. Int. No. 233 - By Council Member Vacca - A Local Law to amend the New York Agenda to be announced city charter, in relation to reporting of overcharge complaints and enforcement Hearing Room – 250 Broadway, 14th Floor ...... Elizabeth Crowley, Chairperson actions by the taxi and limousine commission. Int. No. 234 - By Council Member Vacca - A Local Law to amend the New York Committee on SANITATION AND city charter, in relation to requiring a driver or retired driver member on the taxi and SOLID WASTE MANAGEMENT ...... 10:00 A.M. limousine commission. Agenda to be announced Int. No. 235 - By Council Member Vacca - A Local Law to amend the Council Chambers – City Hall ...... Letitia James, Chairperson administrative code of the city of New York, in relation to certain information to be collected by taxicab equipment and that such information be shared with the taxi and limousine commission upon request. Hearing Room – 250 Broadway, 16th Floor...... James Vacca, Chairperson Deferred Committee on TRANSPORTATION ...... 1:00 P.M. Agenda to be announced Council Chambers – City Hall ...... James Vacca, Chairperson Tuesday, May 25, 2010

Addition

Committee on IMMIGRATION ...... 1:00 P.M.

Agenda to be announced Note Location Change Hearing Room – 250 Broadway, 16th Floor ...... Daniel Dromm, Chairperson Committee on LAND USE...... 10:00 A.M.

All items reported out of the subcommittees Addition AND SUCH OTHER BUSINESS AS MAY BE NECESSARY Committee on HOUSING AND BUILDINGS...... 1:00 P.M. Hearing Room – 250 Broadway, 16th Floor ...... Leroy Comrie, Chairperson Agenda to be announced

Hearing Room – 250 Broadway, 14th Floor ...... Erik Martin-Dilan, Chairperson Note Location Change

Finance Committee

jointly with Council Committee Tuesday, June 1, 2010 Time Agency Testifying Location: 250 Broadway 16th Floor – Hearing Room Deferred Note Time Changes 11:00 - Finance Committee City Planning Land Use 12:00 Time Agency Testifying jointly with Council Land Use and Committee Information Technology and 12:00 - 1:30 Technology in 10:00 - Fire & Criminal Justice Telecommunications Fire / Emergency Medical Service Government 12:00 Svcs. 12:00 - Fire & Criminal Justice Correction 12:30 Svcs. Note Time Changes 12:30 - Criminal Justice Coordinator Fire & Criminal Justice Finance Committee 1:30 (Indigent Defense Services) Svcs. jointly with Council Fire & Criminal Justice Time Agency Testifying 1:30 - 2:30 Legal Aid Committee – Council Svcs. Chambers 2:30 - Oversight and Investigation Youth Services & 3:00 Investigations 9:30 - Youth and Community Development Community 2:30 - 11:00 Parks & Recreation Parks & Recreation Development 3:30 Economic Development 11:00 - and Small Business and Small Business Services 12:00 Community Development Wednesday, June 2, 2010 CC44 COUNCIL MINUTES — STATED MEETING May 12, 2010

Deferred Finance Committee jointly with Council Time Agency Testifying Committee and Subcommittee 10:00 - Aging Aging 11:30 11:30 - 12:00 Medical Examiner Health Health jointly with Mental Health, Mental Retardation, Alcoholism, 12:00 - 1:30 Health and Hospitals Corporation Drug Abuse & Disability Services and Subcommittee on Drug Abuse Health jointly with Mental Health, Mental Retardation, Alcoholism, 1:30 - 3:30 Health & Mental Hygiene Drug Abuse & Disability Services and Subcommittee on Drug Abuse

COUNCIL MINUTES — STATED MEETING May 12, 2010 CC45

Thursday, June 3, 2010 M E M O R A N D U M Finance Committee Time Agency Testifying jointly with Council Committee May 7, 2010 10:00 - Police Public Safety 12:00 12:00 - District Attorney / Special Narcotics Public Safety 1:15 Prosecutor TO: ALL COUNCIL MEMBERS 1:15 - 1:45 Office of Emergency Management Public Safety 1:45 - 2:45 Civilian Complaint Review Board Public Safety RE: OFF-SITE HEARING AND TOUR BY THE COMMITTEE ON Sanitation and Solid CULTURAL AFFAIRS, LIBRARIES & INTERNATIONAL 2:45 - 4:45 Sanitation Waste Management INTERGROUP RELATIONS

Friday, June 4, 2010 Please be advised that all Council Members are invited to attend an off-site hearing and tour:

Note Time Changes Deferred Oversight - Materials for the Arts Warehouse in Long Island City Finance Committee

jointly with Council Time Agency Testifying Committee and Select Materials for the Arts Committee 33-00 Northern Boulevard Cultural Affairs, Libraries & The tour will be on Monday, May 24, 2010 beginning at 2:00 p.m. A van 10:00 - will be leaving City Hall at 1:30 p.m. sharp. Libraries International Intergroup 11:30 Relations jointly with Select Committee on Council Members interested in riding in the van should call Rachel Cordero Libraries at 212-788-9073. Cultural Affairs, 11:30 - Libraries & Cultural Affairs 12:45 International Intergroup Relations James Van Bramer., Chairperson Christine C. Quinn 12:45 - Housing Preservation & Housing & Buildings Committee on Cultural Affairs, Speaker of the 1:15 Development (Expense) Council Housing Preservation & Libraries & International 1:15 - 2:00 Development Housing & Buildings Intergroup Relations (Capital) 2:00 - 3:00 Buildings Housing & Buildings 3:00 - NYCHA Public Housing 3:45 EXECUTIVE BUDGET 2011

Monday, June 7, 2010 NEW YORK CITY COUNCIL FISCAL YEAR 2011 EXECUTIVE BUDGET HEARINGS

Finance Committee Please be advised of the following scheduled Council Agency Hearings relative Time Agency Testifying jointly with Council to the Proposed Executive Expense, Revenue, Capital & Contract Budgets & CD- Committee XXXVI & CD-XXXVII Programs for the Fiscal Year 2011 to be held in the Office of Management & Budget - Council Chambers, City Hall, as follows: Overview of Budgets - Revenue, 10:00 - Expense, Capital & Miscellaneous Finance 1:00 Budgets, including Debt Service & Pension appropriations Thursday, May 13, 2010 1:00 – 1:30 Comptroller Finance 1:30 - 2:00 Independent Budget Office Finance 2:00 Public Note Time Changes Finance Committee Time Agency Testifying jointly with Council Committee 11:15 - THE NEXT STATED MEETING Finance Finance 12:15

12:15 – Design & Construction Finance WILL TAKE PLACE ON 1:15 1:15 – Environmental Environmental Protection (Capital) TUESDAY, MAY 25, 2010 2:15 Protection 2:15 – Environmental Environmental Protection (Expense) Stated Council Meeting...... Agenda – 2:30 p.m. 3:15 Protection

CC46 COUNCIL MINUTES — STATED MEETING May 12, 2010

Friday, May 14, 2010

Monday, May 24, 2010 Deferred Note Time Changes Addition Finance Committee Time Agency Testifying jointly with Council Finance Committee Committee Time Agency Testifying jointly with Council 10:00 - Equal Employment Practices Committee Civil Rights 10:30 Commission 10:00 - Consumer Affairs Consumer Affairs 10:00 10:30 Human Rights Commission Civil Rights - 10:30 10:30 - Business Integrity Commission Consumer Affairs 10:30 11:00 City University of New York Higher Education - 12:00 11:00 - Education (Expense) Education 1:00 Education & School Construction 12:00 - Education Authority (Capital) 2:00 Tuesday, May 25, 2010

Monday, May 17, 2010 Note Location Change Finance Committee jointly with Council Addition Note Time Change Committee Time Agency Testifying Finance Committee Location: Time Agency Testifying jointly with Council 250 Broadway 16th Committee Floor – Hearing Room Governmental 11:00 - 10:00 - 10:45 Citywide Administrative Services City Planning Land Use Operations 12:00 Governmental Land Use and 10:45 - 11:45 Board of Elections Information Technology and Operations 12:00 - 1:30 Technology in Telecommunications Governmental Government 11:45 - 12:30 Campaign Finance Board Operations 12:30 - Aging Aging 2:00 Note Time Changes 2:00 - Juvenile Justice Juvenile Justice Finance Committee 3:00 Time Agency Testifying jointly with Council Committee Tuesday, May 18, 2010 Youth Services & 9:30 - Youth and Community Development Community 11:00 Development Finance Committee Economic Development 11:00 - and Small Business and Time Agency Testifying jointly with Council Small Business Services Committee 12:00 Community Development Human Resources Administration / 9:30 - 11:00 General Welfare 12:00- Social Services Economic Development Corporation Economic Development 1:00 Administration for Children’s General Welfare and 11:00 - 1:00 Services Women’s Issues 1:00 - 3:00 Homeless Services General Welfare Tuesday, June 1, 2010

Friday, May 21, 2010 Deferred Note Time Changes

Finance Committee Time Agency Testifying jointly with Council Addition Deferred Committee Finance Committee 10:00 - Fire & Criminal Justice Fire / Emergency Medical Service Time Agency Testifying jointly with Council 12:00 Svcs. Committee 12:00 - Fire & Criminal Justice 10:00 - Transportation Correction Transportation (Expense) 12:30 Svcs. 10:30 12:30 - Criminal Justice Coordinator Fire & Criminal Justice 10:30 - Transportation Transportation (Capital) 1:30 (Indigent Defense Services) Svcs. 11:15 Fire & Criminal Justice 11:15 - Transportation 1:30 - 2:30 Legal Aid MTA NYC Transit (Capital) Svcs. 11:45 2:30 - Oversight and 11:45 - Transportation Investigation MTA NYC Transit (Expense) 3:00 Investigations 12:15 2:30 - 12:15 - Transportation Parks & Recreation Parks & Recreation Taxi & Limousine Commission 3:30 1:00 1:00 - NYCHA Public Housing 1:45 1:00 - Education & School Construction Education 3:00 Authority (Capital)

COUNCIL MINUTES — STATED MEETING May 12, 2010 CC47

Wednesday, June 2, 2010 Monday, June 7, 2010

Deferred Note Time Changes Finance Committee Finance Committee Time Agency Testifying jointly with Council jointly with Council Committee Time Agency Testifying Committee and Office of Management & Budget - Subcommittee Overview of Budgets - Revenue, 10:00 - Expense, Capital & Miscellaneous Finance 10:00 - 11:30 Aging Aging 1:00 10:00 - Budgets, including Debt Service & Medical Examiner Health 10:30 Pension appropriations Health jointly with 1:00 – 1:30 Comptroller Finance Mental Health, Mental 1:30 - 2:00 Independent Budget Office Finance Retardation, Alcoholism, 10:30 - 2:00 Public Health and Hospitals Corporation Drug Abuse & Disability 12:00 Services and Subcommittee on Drug Abuse Health jointly with Mental Health, Mental Retardation, Alcoholism, 12:00 - Health & Mental Hygiene Drug Abuse & Disability 2:00 Whereupon on motion of the Speaker (Council Member Quinn), the President Services and Pro Tempore (Council Member Rivera) adjourned these proceedings to meet again Subcommittee on Drug for the Stated Meeting on Tuesday, May 25, 2010. Abuse

MICHAEL M. McSWEENEY, City Clerk Clerk of the Council Thursday, June 3, 2010

Finance Committee Time Agency Testifying jointly with Council Committee

10:00 - Police Public Safety 12:00

12:00 - District Attorney / Special Narcotics Public Safety 1:15 Prosecutor

1:15 - 1:45 Office of Emergency Management Public Safety

1:45 - 2:45 Civilian Complaint Review Board Public Safety

Sanitation and Solid 2:45 - 4:45 Sanitation Waste Management

Friday, June 4, 2010

Note Time Changes Deferred Finance Committee jointly with Council Time Agency Testifying Committee and Select

Committee

Cultural Affairs, Libraries & 10:00 - Libraries International Intergroup 11:30 Relations jointly with Select Committee on Libraries Cultural Affairs, 11:30 - Libraries & Cultural Affairs 12:45 International Intergroup Relations 12:45 - Housing Preservation & Housing & Buildings 1:15 Development (Expense) Housing Preservation & Development 1:15 - 2:00 Housing & Buildings (Capital)

2:00 - 3:00 Buildings Housing & Buildings 3:00 - NYCHA Public Housing 3:45

CC48 COUNCIL MINUTES — STATED MEETING May 12, 2010

COUNCIL MINUTES — STATED MEETING May 12, 2010 CC49

CC50 COUNCIL MINUTES — STATED MEETING May 12, 2010

COUNCIL MINUTES — STATED MEETING May 12, 2010 CC51

CC52 COUNCIL MINUTES — STATED MEETING May 12, 2010